Di Carlo v Dubois

The case of Di Carlo v Dubois involves a claim by the plaintiff against several defendants, including a neurosurgeon and medical practitioners, following a severe reaction to a contrast medium administered during a CT scan. The plaintiff argued that he had specifically requested a plain CT scan, which does not involve contrast medium, but that this request was allegedly ignored. The plaintiff further contended that the defendants failed to warn him about the risks associated with the contrast medium used in the CT scan. The dispute reached the court, which was tasked with determining whether the defendants were negligent in not ensuring a plain scan was carried out and whether they failed to warn the plaintiff of the material risks involved in the CT scan procedure.

The legal issues at hand required the court to assess whether the defendants breached their duty of care by not specifying that only a plain CT scan would be performed and whether they were liable for the failure to warn about the risks of the contrast medium. Additionally, the court had to consider the extent to which the plaintiff’s subsequent financial losses and loss of amenities of life were attributable to the CT scan incident. The plaintiff’s extensive pre-incident medical history and a post-incident unconnected injury complicated the attribution of damages.

The court concluded that the plaintiff’s action against the first, second, and third defendants was dismissed with costs, including costs of the first trial and any other reserved costs. The court found that the plaintiff’s financial losses and loss of amenities were not wholly attributable to the CT scan incident. However, the court held the fifth defendant liable for negligence, awarding the plaintiff $80,000 in damages along with costs. The court assessed these costs on the basis of District Court costs appropriate to the judgment amount.