"The Massacre of the Tonsil": Tonsillectomies and Medical Malpractice in Mid-20^th-Century Canada.

This article examines the history and legal context of tonsillectomy—a common surgical procedure in mid-twentieth-century Canada—highlighting how Canadian tort law influenced its widespread use despite associated risks. Tonsillectomies were promoted as preventative medicine based on the focal theory, which blamed tonsils for various illnesses, leading to high rates of surgery primarily on children. Although complications such as hemorrhage, anesthesia-related deaths, and surgical errors occurred, plaintiffs faced significant challenges in medical malpractice lawsuits due to legal standards requiring proof that doctors failed to meet the ordinary skill and care of the profession. Notably, a 1947 Supreme Court of Canada decision established that surgeons must take reasonable precautions, such as sponge counts, to avoid negligence, setting a precedent for future malpractice claims. The article also notes a substantial decline in tonsillectomies from the late 1960s onward, influenced by changing medical opinions, concerns about risks, and healthcare system factors.