Mulloy v. Hop San Supreme Court Of Alberta, Appellate Division,

1935. 1 W.W.R. 714 (1935)

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Nature of the Case

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Facts

P, a surgeon, was called to a hospital because of an injury to D's hand in a motor-car accident. D made it clear that he did not want his hand cut off. In the operating room, P replied that he would be governed by the conditions found after the anesthetic had been administered. D said nothing. On examination under the anesthetic P decided that an immediate operation was necessary to prevent blood poisoning with no possibility of saving the hand and it was amputated. This view was supported by two other attending physicians. P sued for professional fees and D counterclaimed for damages for the cost of an artificial hand, loss of wages, and general damages. The trial judge found that the operation was necessary, and dismissed the action and awarded D $50 damages for trespass to the person. Damages for loss of wages and the cost of the artificial hand were not allowed since they were the results of the accident and not of the unauthorized operation. On appeal, the judgment was affirmed.