In Boutcher v Cha, the Plaintiff underwent a hysterectomy performed by the Defendant gynecologist. Parties agreed that the only issue for trial was whether placement of two sutures in the base of Ms Boutcher’s bladder wall was negligent or non negligent misadventure or medical misadventure. After a seven day trial Mr Justice Gans of the Ontario Superior Court of Justice held that the placement of sutures in Ms Boutcher’s bladder was as a result of negligence.
Attached are the Reasons for the Decision of Mr Justice Gans.