The Frazer vs. Haukioja court decision was released by the Ontario Superior Court of Justice in Toronto on August 27, 2008.

Grant Frazer, then a 31 year-old school teacher, was injured in a motorcycle accident on November 25, 2001. He was taken to the emergency Northumberland Hospital where he underwent an x-ray and a CT-Scan.

As a result of the accident, Mr. Frazer suffered fracture injuries to both lower limbs and compression fractures to his spine. A CT scan revealed a bruised lung. He experienced pain in the low back, left knee, chest, left shoulder and bilaterally in the hips. He also suffered a minor head injury.

Mr. Frazer was examined in emergency by Dr. Haukioja, who treated the fracture to his left ankle by applying a splint and tensor bandage apparatus at first and later with a lower leg cast. Mr. Frazer was catheterized for several days and was kept in hospital until December 2nd. 2001.

On January 10, 2002, Mr. Frazer went for a follow-up visit with Dr. Haukioja. According to Mr. Frazer, Dr. Haukioja indicated that a fracture may have been “missed” but that it didn’t require any treatment in hospital. Mr. Frazer complained of pain in his ankle, but alleges he was told by Dr. Haukioja that the pain was from soft tissue damage and he would have to work his way through the pain or it would not get better. Dr. Haukioja gave Mr. Frazer permission to stop using crutches and to return to teaching.

Mr. Frazer returned to work, but by the third day he was in extreme pain and attended at a walk-in clinic. After being examined, he was told that he had a major fracture through the right ankle.

Shortly after, Mr. Frazer developed a disabling anxiety disorder with features of a panic disorder together with elements of depressive emotional states. He hired Toronto malpractice lawyers and sued Dr. Haukioja for failing to advise him of the serious fracture to his right talus (ankle bone).

After listening to testimony the court found that Mr. Frazer did not appreciate the significance of his talus fracture when he left Dr. Haukioja’s office. It found that the Dr. Haukioja failed to counsel Mr. Frazer against weight bearing and to advise him to have the ankle immobilized. The court found that Dr. Haukioja failed to communicate the significance of Mr. Frazer’s symptoms, his new diagnosis of a talus fracture and the treatment options for that fracture.

After considering all the evidence, the court found that but for Dr. Haukioja’s communication failures, Mr. Frazer’s current psychiatric disorder would not have arisen. Thus Dr. Haukioja was liable in damages for Mr. Frazer’s condition.

Mr. Frazer was awarded the following damages:

• $150,000 – general damages for pain and suffering
• $283,378 – past lost income
• $1,298,429.94 – future lost income
• $14,911.44 – Future care costs
• $50,000 – Family Law Act damages to Mr. Frazer’s spouse

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