The appointment of Dr. Andrew Hamilton

In September 1994, Dr. Andrew Hamilton took up a position as an adult cardiac surgeon at the HSC. Because Hamilton's residency training had included pediatric cardiac surgery, Dr. Robert Blanchard and Dr. Helmut Unruh spoke to him before he started at the HSC about his undertaking pediatric cardiac surgery, in addition to his adult cardiac surgery duties. As a result, his contract stipulated that he was to spend 15 per cent of his time performing pediatric cardiac surgery. Blanchard testified that it was initially intended that Hamilton would provide relief for Odim, rather than act as his assistant.

Hamilton took up his position in mid-September. Before that time, despite the implications that such a decision had for Odim, neither Unruh nor Blanchard spoke with him about their intent to have Hamilton look after pediatric cardiac surgery patients.

Despite Unruh's and Blanchard's intentions, Hamilton worked almost exclusively as Odim's assistant. He never did provide any significant relief for Odim, who continued to perform all the pediatric cardiac surgery at the HSC. The nurses and the anaesthetists testified that Hamilton's presence contributed to the smoothness of the procedures that he assisted in. They said that he communicated well and his confidence and competence greatly improved the atmosphere in the Operating Room.

According to Hamilton's evidence, at one point during the fall of 1994 (there is uncertainty about the exact date), Blanchard and Unruh decided that Hamilton would assist Odim at cases where there was a predicted mortality of 10 per cent or higher. The evidence is also unclear as to whether or not this information was communicated to Odim. It would appear that this decision was likely made sometime following the death of Erica Bichel, on October 4.