Is there any case law where a doctor was present during an operation and was able to observe what occurred?
Ontario, Canada
The following excerpt is from Vescio v. Garfield, 2007 CanLII 24676 (ON SC):
The doctor in question in Snell v. Farrell performed an operation. The court observed that he "was present during the operation and was in a better position to observe what occurred. Furthermore he was able to interpret from a medical standpoint what he saw. In addition, by continuing the operation which has been found to constitute negligence, he made it impossible for the respondent or anyone else to detect bleeding which is alleged to have caused the injury. In these circumstances, it was open to the trial judge to draw the inference that the injury was caused by the retrobulbar bleeding. There was no evidence to rebut this inference" (p. 21).
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