Search by
Overview:
The case involved Nasha Olenic suing Dr. Matthew Butler and Dr. Jonathon Tuchscherer for professional negligence leading to the death of her husband, Christopher Olenic, after elective laparoscopic surgery. The plaintiff alleged the defendants breached their duty of care by proceeding with surgery despite Christopher's elevated INR (1.7), failing to consult a hematologist, and not obtaining informed consent.
Legal Issues:
The court addressed two main issues:
The plaintiff also sought leave to introduce expert evidence, including testimony from four experts on causation and one additional hematologist expert report served late.
Rulings:
The court granted the plaintiff leave to admit the expert evidence despite the late submission, reasoning it was relevant and necessary, with no undue prejudice or trial delay. The testimony was expected to clarify complex causation issues, such as the role of Christopher’s coagulation status in worsening the severity of his post-surgical bleed.
Costs and Damages:
Damages were agreed upon beforehand, leaving only liability at trial. Costs for the applications were reserved for determination after the trial.
Conclusion:
The court allowed the plaintiff to proceed with her expert witnesses and emphasized the importance of full evidence to ensure a fair trial. The ruling facilitated a comprehensive review of whether professional negligence occurred and if it caused Christopher Olenic's death.
Download documents
Plaintiff
Defendant
Court
Court of King's Bench for SaskatchewanCase Number
QBG-RG-02180-2018Practice Area
Tort lawAmount
Not specified/UnspecifiedWinner
PlaintiffTrial Start Date