Dr. Davies

The plaintiff suffered a cardiac arrest and anoxic brain injury during an urgent caesarean section.

The plaintiffs sued the treating obstetricians, anesthesiologist, and the hospital for medical negligence.

The court found the initial obstetrician negligent for failing to diagnose the pregnancy early, failing to discuss termination, and failing to document severe risk factors associated with the plaintiff's morbid obesity.

The anesthesiologist was found negligent for prematurely converting to a general anesthetic and failing to adequately manage the airway, directly causing the cardiac arrest.

The hospital was found vicariously liable for a triage nurse's failure to follow protocols during a telephone call.

Liability was apportioned equally among the three negligent defendants.

The plaintiffs brought a medical negligence action against the defendant obstetrician following the birth of a child who suffered a catastrophic brain injury resulting in severe cerebral palsy.

The injury was caused by an occult cord prolapse during delivery.

The plaintiffs alleged the defendant failed to recognize risk factors, failed to obtain informed consent, and negligently proceeded with a vacuum-assisted delivery in the delivery room rather than the operating room.

The court dismissed the action, finding that the defendant met the standard of care in his assessment of risk factors, obtained valid consent, and appropriately exercised his clinical judgment in proceeding with the vacuum in response to a non-reassuring fetal heart rate.

Furthermore, the court found that the cord prolapse and resulting injury would have occurred regardless of the defendant's interventions.

In a medical negligence appeal arising from the death of a pregnant hospital patient after rupture of an ascending aortic aneurysm, the court split on whether the trial judge could find the obstetrical Most Responsible Physician liable while absolving the consulting respirologist.

The majority held that the hospital's MRP policy imposed an independent duty to exercise critical judgment, coordinate care, obtain appropriate consultations, and formulate an overall plan of care, and that the obstetrician breached that duty by failing to arrange immediate cardiac assessment and transfer to a tertiary care centre.

The dissent concluded the findings against the obstetrician were irreconcilable with the unchallenged finding that the respirologist's treatment plan met the standard of care, and would have set aside liability.

The majority also upheld causation and dismissed the costs appeal.

The appellants appealed the dismissal of their medical negligence action relating to a birth injury that resulted in cerebral palsy.

The trial judge had dismissed the action against the attending obstetrician, nurse, and hospital.

The Court of Appeal allowed the appeal with respect to the obstetrician, finding that the trial judge made inconsistent findings regarding the interpretability of fetal heart rate monitor outputs and erred in concluding that the bradycardia would have occurred regardless of the application of a vacuum extractor.

A new trial was ordered for the claim against the obstetrician.

The appeal regarding the nurse and hospital was dismissed.