The appellant physician appealed a trial judgment finding her negligent for failing to recognize a previable, prelabour, preterm rupture of membranes, which led to the respondent suffering septic shock and catastrophic injuries.
The appellant challenged the causation findings, arguing they were based on speculation.
The Court of Appeal dismissed the appeal, finding no palpable and overriding errors in the trial judge's robust and pragmatic approach to causation, which properly relied on expert evidence to conclude that timely referral to an obstetrician would have led to the termination of the pregnancy and avoided the injuries.
