Law360 Canada ( June 29, 2022, 6:01 AM EDT) -- Action by the Estate for damages for medical malpractice. In 2015, Mary underwent a laparoscopy for a suspected small bowel obstruction. During the operation the surgeon noticed evidence suggestive of cancer in Mary’s abdomen. Further testing following surgery revealed that Mary had metastatic adenocarcinoma of the appendix. She died of cancer in 2016 at age 45, leaving behind a spouse and two grandchildren in their care. In 2011, Mary underwent a routine appendectomy. The defendant, an experienced anatomic pathologist, examined the appendix, but noted no malignancy. After Mary was diagnosed with cancer in 2015, the defendant re-examined Mary’s 2011 appendiceal slides and observed that the samples contained cancer. The plaintiffs alleged the defendant was negligent when he failed to identify and diagnose the cancer in 2011. The plaintiffs also argued that had Mary been properly diagnosed in 2011, she would be alive today. The defendant claimed he made an honest mistake when he failed to identify the cancer in 2011, but that he was not negligent. He argued he did not identify the cancer in 2011 due to the inflammation contained in the specimen and because appendiceal cancer was rare. ...