The plaintiffs brought a medical malpractice and wrongful birth claim against a radiologist and an obstetrician.
The radiologist performed a second-trimester ultrasound that revealed fetal anomalies but failed to communicate the findings urgently.
The obstetrician failed to review the ultrasound report in a timely manner and did not expedite follow-up or refer the patient to a fetal medicine clinic before 24 weeks' gestation.
The court found both doctors breached the standard of care.
Applying the modified objective test, the court concluded that but for the negligence, the plaintiffs would have elected to terminate the pregnancy in Ontario before 24 weeks.
The defendants were found liable.
