The appellants appealed the dismissal of their medical malpractice action following the death of their infant son from a bowel obstruction shortly after being discharged from the emergency room.
The trial judge had made adverse credibility findings against the appellants, accepted the respondent physician's evidence, and relied on the respondent's expert opinion that the standard of care was met.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings or his assessment of the expert evidence regarding the standard of care.
