Question juridique clé
Whether the surgeon breached medical duties during preparation and performance of the operation
Solution extraite
No breach was established; the operation risks materialized without proving negligent conduct, and the alleged CT omission was not shown to be required by medical standards.
Motifs extraits
The court deferred to the findings that a CT scan was not medically required in 1995 or today and that the surgeon had to expect possible facial nerve contact. The appellant's additional allegations were either unsupported or inadmissible new facts.