SOMMERVILLE V. FINE AND BROWN

This medical malpractice trial was about an Emergency physician’s failure to properly investigate and refer a patient to rule out injuries to his patellar tendon and knee joint capsule in the face of an obvious penetrating stab wound to the patient’s right knee that occurred on September 21, 2008. Andrew Sommerville was 21 years old in September 2008 when he was assaulted and stabbed. He sustained stab wounds to various parts of his body including his right knee. Following the stabbing, Andrew was taken by ambulance to the Trillium Health Centre where he came under the care of Dr. Geoffrey Fine, emergency room physician. Dr. Fine assessed him and concluded that there was no damage to the tendons of the right knee. Ten weeks later, it was determined that the stab wound to his right knee had transected the patellar tendon and efforts to repair it at that late date had been far from satisfactory. The delay in diagnosis of this injury to Andrew’s patellar tendon was the main focus at the trial.

Sommerville v. Fine and Brown, 2021 ONSC 5638 – Decision