MULLOY V. HOP SANG
Supreme Court of Alberta, Appellate Division, 1935. 1 W.W.R. 714 (1935)
NATURE OF THE CASE: This was an appeal from a judgment against Mulloy (P) in P's action
for professional fees against Hop Sang (D) and in favor of D for D's action to damages for
trespass to the person.
FACTS: P, a surgeon, was called to a hospital because of an injury to D's hand in a
motor-car accident. D made it clear that he did not want his hand cut off. In the operating
room P replied that he would be governed by the conditions found after the anesthetic had
been administered. D said nothing. On examination under the anesthetic P decided that an
immediate operation was necessary to prevent blood poisoning with no possibility of saving
the hand and it was amputated. This view was supported by two other attending physicians. P
sued for professional fees and D counterclaimed for damages for the cost of an artificial
hand, loss of wages, and general damages. The trial judge found that the operation was
necessary, and dismissed the action and awarded D $50 damages for trespass to the person.
Damages for loss of wages and the cost of the artificial hand were not allowed since they
were the results of the accident and not of the unauthorized operation. On appeal the
judgment was affirmed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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