D. Pacheco

The plaintiff suffered a cardiac arrest and profound brain damage following a Caesarean section delivery.

She brought a medical malpractice action against the obstetrical and anaesthesiology teams.

The court found that the obstetrical team met the standard of care.

While the staff anaesthesiologist breached the standard of care in three respects, the court concluded that these breaches did not cause the plaintiff's injuries.

The court accepted expert evidence that the cardiac arrest was caused by an unpredictable and unpreventable amniotic fluid embolism, rather than hemorrhagic shock.

The court also ruled that the claim against the anaesthesiologists was not statute-barred due to the discoverability doctrine.

The action was dismissed.

The plaintiff brought a medical negligence action against her family physician, alleging he failed to obtain informed consent regarding the increased relative risks of blood clots associated with the birth control pill Yaz.

The plaintiff suffered a stroke shortly after taking sample packs of Yaz provided by the physician.

The court dismissed the action, finding that the physician met the standard of care for disclosure and that the plaintiff would have taken the medication even if fully informed of the statistical risks.

Furthermore, the court held that the plaintiff failed to prove factual causation, as medical evidence indicated her stroke was cryptogenic and not caused by the medication.

The defendant physician brought a motion to strike portions of the plaintiffs' Fresh as Amended Statement of Claim in a medical malpractice action.

The impugned paragraphs alleged that the defendant had a history of past incompetence and a pattern of substandard practice, which the plaintiffs argued supported a claim for breach of fiduciary duty and punitive damages.

The court granted the motion, finding that the plaintiffs failed to plead sufficient material facts to support the allegations of similar fact evidence and breach of fiduciary duty, and struck the relevant paragraphs.