Appeal filed in case of woman left disabled after tubal ligation
Lawyers for a young mother of two left severely disabled after tubal ligation surgery have filed an appeal in her $10 million court case.
Last November, a Saskatoon jury found Dr. Kenneth Graham, who performed the surgery on Lisa Baert in a Lloydminster hospital, was not negligent.
Baert, who was 21 at the time of the surgery in 1999, lost both her hands and feet and suffered brain damage after a punctured bowel during her surgery led to septic shock.
But in documents filed at the Saskatchewan Court of Appeal in Regina on Dec. 27, Baert's lawyers argue the trial judge erred in his charge to the jury.
One of the key issues in the document is whether Graham informed Baert of the risk that her bowel could be injured.
The jury heard that Baert's bowel was punctured during the sterilization procedure and that the mistake wasn't discovered for days.
Baert underwent a second operation and suffered a cardiac arrest. She went into septic shock and had to have her limbs amputated.
Graham denied he was negligent, saying his patient didn't follow instructions after she was discharged from the hospital.
The jury decided Graham did meet the standard of care required of him. It also decided he received the informed consent of Baert for the tubal ligation.
Baert's lawyers said the judge should have allowed some of Graham's other patients to testify, adding that other mistakes by the judge led the jury to make "palpable and overriding" errors in their verdict.
The lawyers are asking the appeal court to find the doctor liable and assess damages or order a new trial.
Baert currently lives in a long-term care facility in Saskatoon.