Mock Trial: Who Is Responsible for Access to Emerging Technology,Specifically Endoluminal AAA Surgery?

The case is a 75-year-old male patient with a large abdominal aortic aneurysm (AAA). He has a very high operative risk because of associated cardiac disease, and is turned down for elective repair. One month later, the aneurysm ruptures and the patient dies. The family reads in the newspaper that similar AAAs can be repaired using minimally invasive techniques, that are only available in Canada on a compassionate basis because of the high cost. The family decides to initiate a civil suit. Presentations are heard from the defense (vascular surgeon), prosecution expert witness, hospital administration, and an ethicist. At the conclusion, a legal judgment will be provided by a justice of the Supreme Court of Ontario. Who is responsible?