The infant plaintiff suffered hypoxic-ischemic encephalopathy during childbirth, resulting in cerebral palsy.
The plaintiffs sued the hospital, physicians, and nurses for negligence during delivery.
The defendants refused to admit they owed a duty of care to the infant plaintiff, arguing that recent case law precluded such a duty.
The motion judge granted a declaration that a duty of care was owed.
The Court of Appeal dismissed the defendants' appeal, affirming the well-established principle that an infant, once born alive, may sue for damages sustained as a result of negligence during labour and delivery.
