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Unnecessary B.C. mastectomy award reduced from $400K to $250K

Supreme court rules original award after woman害羞草研究所檚 cancer-free breast removed was 害羞草研究所榠nordinately high害羞草研究所
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The Law Courts building, which is home to B.C. Supreme Court and the Court of Appeal, is seen in Vancouver, on Thursday, November 23, 2023. The British Columbia Court of Appeal has cut damages awarded to a woman who was misdiagnosed with breast cancer and underwent a mastectomy. THE CANADIAN PRESS/Darryl Dyck

The British Columbia Court of Appeal has cut damages awarded to a woman who was misdiagnosed with breast cancer and underwent an unnecessary mastectomy.

It reduced the amount awarded to the woman by a B.C. Supreme Court jury in Vancouver last May from $400,000 to $250,000.

Court documents say Dr. Robert A. Wolber performed the full mastectomy in 2016 in response to the misdiagnosis, but when the excised tissue was examined after the surgery, there were no signs of cancer.

Reasons written by Justice Ronald A. Skolrood, and concurred by two other judges in the appeal decision, say that the $400,000 amount was 害羞草研究所渋nordinately high.害羞草研究所

The reasons say that an award that high would need to be justified by 害羞草研究所渄ebilitating injuries that have catastrophic effects on the plaintiff害羞草研究所檚 ability to function.害羞草研究所

The court document says that, though the injuries were significant, they did not meet that threshold.

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