Medical negligence ruling results in vindication for patient

February 5, 2024

11-year-old Jennifer Crump was taken to hospital by her mother after complaining of symptoms consistent with appendicitis. Her family doctor sent Jennifer to the hospital with a note asking that she be investigated for appendicitis. The Emergency Room physician who saw Jennifer later that day also suspected appendicitis and requested a surgical consult from the defendant, Dr. Ali Otman Fiture. Dr. Fiture assessed Jennifer that same evening and declared that she likely did not have appendicitis and sent her home without ordering an ultrasound. Jennifer’s appendix burst a few days later, resulting in serious injury and the need for emergency, life-saving surgery. Following a hotly contested trial, Justice Hugh O’Connell held that Dr. Fiture had breached the standard of care and rendered the medical negligence judgment in favour of Jennifer Crump.

Dr. Fiture appealed this trial decision.

The Court of Appeal Upheld the Trial Judge’s decision to find in favour of Jennifer Crump. The Court of Appeal agreed that Dr. Fiture breached the surgical standard of care and that his negligence resulted in perforation of Jennifer’s appendix and the complications that followed. This decision was a total vindication of Jennifer’s case and the outcome achieved at trial. It was an incredibly emotional verdict and appeal decision for Jennifer and her mother, Victoria.

Please note: Past performance is no guarantee of future results.