In 2002, the Nashville Predators drafted 18-year-old Joshua Morrow in the seventh round of the National Hockey League draft. He was considered a naturally powerful skater who could hit and fight. The following year, while playing hockey for the Kamloops Blazers in the Western Hockey League, Morrow was practising and took a slap shot that caused considerable pain in his right shoulder. He was referred to Dr. Ross Outerbridge, who operated on Morrow's shoulder. During surgery, the doctor made a serious error when he left two metal anchors sticking up from the bone. He failed to properly implant the anchors in the bone, causing further tearing to the cartilage. The outcome was significant damage to Morrow's shoulder, which ended his hockey career and left him with a future of painful and debilitating arthritis in his shoulder.
Morrow returned to the doctor after the surgery for follow-ups and complained of continued and aggravated pain. Outerbridge advised him that this was normal and to be expected.
The judge presiding over the case awarded Morrow general damages in the amount of $235,000. Past and future damages were also awarded in the range of $1.2 million, while future care costs were still to be determined at time of release. The judge found that Morrow ". . . did not fail to mitigate his loss. He was told repeatedly that he was fine (by Dr. Outerbridge), that his pain was normal and that he did not need further treatment."
You can read this verdict in its entirety at
http://http://www.courts.gov.bc.ca/jdb-txt/SC/09/04/2009BCSC0433.htm. |
