The decision to operate

In their testimony, the Goyals exhibited a clear understanding of the medical problems that their child faced. The nature of the repair seems to have been explained to them as fully as possible under the circumstances. In the fall of 1993 they were told that because there was no surgeon in Winnipeg, the operation would have to take place in either Saskatoon or Toronto. The Goyals' recollections of what took place next differ slightly. Vipan Goyal said that the family had opted for an operation in Toronto. Sheena Goyal said the family never reached a final decision. However, the Goyals said that by December they had been contacted by the HSC with the news that a new surgeon had been hired and it would be possible to perform the operation in Winnipeg.

According to the November letter from Giddins to Robinson, Giddins had intended to send Vinay's medical information to Saskatoon when he received word that a new surgeon would be arriving in January 1994. He also indicated that the VCHC nurses had advised the family of this fact. Giddins informed Robinson that he would be arranging for the case to be done in Winnipeg by the new surgeon since, Giddins believed, the family did not want to go out of the province anyway. In her testimony, Borton said the Goyals had been worried about the financial expenses involved in out-of-province surgery.

A February 2, 1994, VCHC checkup revealed no change in Vinay's condition since the previous fall. Giddins, in a letter to Robinson, stated that Vinay "was literally at the top of our list for discussion when our surgeon arrives, and we have reliable word that this will be in the next several days." (Exhibit 7, page GOY 1) Giddins felt that Vinay needed a definitive repair before the end of March. He indicated that if the operation could not be undertaken in Winnipeg then it would be necessary to transfer him out of province.