The appellants appealed the dismissal of their medical malpractice action arising from the birth of a child who suffered severe brain damage due to oxygen deprivation during a breech delivery.
The appellants argued the trial judge erred by failing to make an explicit finding on causation, misapprehending expert evidence regarding fetal monitoring, and failing to apply the 'Breech Plus Rule' for the standard of care.
The Court of Appeal dismissed the appeal, holding that the failure to explicitly determine causation did not affect the trial judge's conclusion that the obstetrician met the standard of care.
The court found the trial judge's factual findings regarding the obstetrician's decisions and the rejection of an absolute rule for breech deliveries were reasonable and supported by the evidence.
