2 total
Accused found guilty of aggravated assault after infant daughter suffered severe internal injuries from intentional squeezing.
The accused was charged with aggravated assault against his six-month-old daughter, who presented at the hospital with severe, life-threatening injuries including a liver laceration and a bowel obstruction.
The accused claimed the injuries were accidental, resulting from him dropping and catching the infant.
The Crown alleged the injuries were caused by intentional blunt force trauma, specifically squeezing.
The court rejected the accused's accidental explanation, relying on medical evidence that the injuries were inconsistent with a drop/catch, and accepted the mother's evidence that the accused confessed to squeezing the infant in anger.
The accused was found guilty.
Medical negligence claim dismissed; physicians met standard of care in complex neonatal infection case.
The plaintiffs brought a medical negligence action alleging that physicians failed to diagnose and promptly treat neonatal osteomyelitis and septic arthritis, resulting in destruction of the child’s hip joint.
The court reviewed extensive expert evidence regarding the standard of care for community pediatricians and pediatric surgeons, the interpretation of diagnostic imaging, and the timing of surgical drainage for suspected abscesses.
It found that the treating pediatrician acted reasonably in ordering tests, consulting colleagues, and arranging transfer to a tertiary hospital when the condition deteriorated.
The court further held that the accepting pediatric surgeon did not breach the standard of care in his diagnostic approach or management, particularly given the complex presentation and possible misinterpretation of MRI results.
The action was dismissed and, in any event, the plaintiffs failed to prove that earlier intervention would probably have avoided the injury.
