She experienced months of physical and emotional distress post-treatment
The BC Provincial Court has ruled in favour of Marie Harrison, awarding her compensation for severe pain and suffering due to unauthorized and negligent dental work performed by Dr. Kyle Nawrot.
The court’s judgment in Harrison v. Nawrot, 2024 BCPC 22 highlighted the critical issues of consent and adherence to professional standards in healthcare. Marie Harrison experienced months of physical and emotional distress, including severe pain, inability to eat properly, and social withdrawal due to the unsightly condition of her teeth post-treatment by Dr. Nawrot.
Harrison’s efforts to retrieve her dental records for corrective treatment met with obstruction, and she fell ill from medications prescribed by Nawrot. Harrison accused Nawrot of performing unnecessary work, exploiting her health benefits, and violating her through improper sedation, contributing to her ongoing mental anguish.
The court acknowledged Harrison’s struggle as a self-represented litigant in navigating the complexities of legal proceedings, emphasizing the necessity for clear, admissible evidence in such cases.
The court found Dr. Nawrot's admissions of professional misconduct, including poor communication with the BC College of Oral Health Professionals, substandard treatment, unjustified billing, and inadequate record-keeping, alongside Harrison's testimony, affirmed his negligence.
Although the court pointed out the importance of expert evidence in medical negligence cases to directly link the accused's actions to the harm suffered, Nawrot's admissions combined with Harrison's account proved a breach of care. The court pointed out that Nawrot’s breach was particularly evident in his unauthorized and extensive treatment in a single session.
The court recognized the emotional harm and stress Harrison endured from Nawrot's unauthorized procedures and negligence despite her not incurring financial losses for the dental work covered by her health benefits. The court concluded that Nawrot's failure to secure consent for the extensive treatments amounted to assault and battery.
In its decision, the court awarded Harrison a total of $15,551, covering general and aggravated damages for emotional suffering, loss of income due to her inability to work following the treatment, and court-related fees.
