Le Page Kingston & Richmond Health Authority

(1997) 8 Med LR 229

QUEEN'S BENCH DIVISION

and Mr John SAMUELS QC

Professional liability — Obstetrics — Cesarian section — Post partum haemorrhage requiring hysterectomy — Delay in transfusing blood following operation — Accumulation of blood and clot in uterus — Hysterectomy due to post-partum haemorrhage — Whether plaintiff's condition could have been controlled sooner, thereby obviating necessity of hysterectomy directly causative of plaintiff's gradual deterioration into condition in which haemorrhage became ultimately uncontrollable and hysterectomy was necessary and inevitable outcome — Damages — Psychiatric injury — Unnecessary hysterectomy — Resulting physical and psychiatric damage — Whether appropriate to attribute part of general damages to physical sequelae, and balance to psychological sequelae of hysterectomy — Costs — Successful plaintiff unable to receive costs on an indemnity basis — Whether direction under RSC Order 62 rule 10 should be made — Exercise of court's discretion