After 6 years, vindication for CMA past president
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* Barbara Sibbald

Allon Reddoch's long legal ordeal appears to be over.

![Figure1](http://www.cmaj.ca/https://www.cmaj.ca/content/cmaj/168/3/330.1/F1.medium.gif)

[Figure1](http://www.cmaj.ca/content/168/3/330.1/F1)

Figure. **Reddoch: a 6-year trial**

On Dec. 13, the Court of Appeal for the Yukon Territory overturned an earlier decision and found that the CMA past president and the Whitehorse General Hospital were not negligent in their care of Mary-Ann Grennan. The 16-year-old Yukon woman died of botulism in 1995 after eating smoked fish.

“This should be the end,” Reddoch, a family physician, told *CMAJ*. “I'm pleased, obviously, but I'm really disappointed it's taken this long.”

In February 2001, a Yukon Supreme Court judge awarded more than $140 000 to the Grennan family following a civil action against Reddoch and the Whitehorse General Hospital. That court decided that Reddoch should have conducted further investigations, considered alternatives and perhaps consulted specialists. The decision was appealed by Reddoch and the hospital, and the December ruling means the monetary award is now void.

In a written judgement ([www.courts](http://www.courts) **.gov** **.bc.ca/jdb-txt/ca/02** **/yk** **/2002ykca** **0017** **.htm**), Mr. Justice John Hall found that Reddoch was “not … negligent in his care of Ms. Grennan.”

Hall stated that the trial judge “fell into the type of error in approach … namely, reviewing the events of September 10 and 11, 1995 with the considerable benefit of hindsight and failing to have sufficient regard to the actual situation then faced by [Reddoch]. This [the first case of *Clostridium botulinum* poisoning recorded in the Yukon] was not an obvious potential emergency case.”

Hall found the trial judge erred by relying too much on the findings of the Yukon Medical Council (YMC) and on the expert testimony of Dr. Paul Assad. Assad said Grennan had ocular symptoms that point to botulism, but Hall said there was no evidence of that.

Grennan was admitted to the Whitehorse General with what medical staff thought was food poisoning caused by smoked fish. After her death, the YMC decided that Reddoch had been guilty of unprofessional conduct. The ruling came as he was to assume the CMA presidency in 1998.

Reddoch, 53, was cleared of that charge by the Yukon Court of Appeal in December 2001 (*CMAJ* 2002;166 [2]: 227).

Reddoch says the 6-year legal battle changed his life. He closed his family practice in August 2001 and is now a medical adviser with the Yukon Workers' Compensation Board. He says his biggest disappointment was missing the opportunity during his presidency to speak out about issues confronting rural and remote physicians and the Aboriginal population. He says he “dropped off the end of the earth” after the YMC released its findings.

Yukon ombudsman Hank Moorlag is studying the process the YMC used in its investigation. “They found me guilty before the inquiry happened,” says Reddoch.

Reddoch remains livid about his treatment by the YMC, but has agreed to help its new registrar. “Ultimately, [my case] will have a positive impact.”

Reddoch also hopes to use his experiences to help other physicians, particularly young ones, break the cult of secrecy surrounding malpractice litigation. “I don't think physicians know the toll these processes can take, and that's sad.”

The Canadian Medical Protective Association had told Reddoch not to discuss his case with anyone. “I think that's wrong. You need the support of colleagues.” — *Barbara Sibbald*, CMAJ