The appellants appealed the dismissal of their medical malpractice action arising from the death of a child with numerous congenital health problems following a tonsillectomy and subsequent surgeries for post-operative bleeding.
The trial judge preferred the evidence of the defence expert paediatric otolaryngologist, who opined that the decision not to transfuse was a reasonable judgment call, over the plaintiffs' expert paediatric haematologist.
The Court of Appeal found no basis to interfere with the trial judge's well-reasoned findings of fact and assessment of the expert evidence, and dismissed the appeal.
