Dr. Gregory Davies

The plaintiffs brought a medical malpractice action against three obstetricians and a hospital regarding the birth of the infant plaintiff.

The mother alleged that she did not consent to the use of a vacuum or forceps during delivery, claiming medical battery and lack of informed consent.

She also alleged that the doctors breached the standard of care in their antenatal record keeping, failure to recommend a Caesarean section earlier, and the decision to attempt a vacuum and forceps-assisted delivery.

The court dismissed the action, finding that the mother had provided informed consent to the use of the instruments in the face of an urgent obstetrical situation involving fetal distress.

The court also found that the doctors met the standard of care in all respects and that the plaintiffs failed to prove that the neonatal injuries caused the infant plaintiff's subsequent neurodevelopmental limitations.

The appellants appealed the dismissal of their medical malpractice claim against a family physician for alleged negligence in prenatal care that resulted in the infant appellant being born with cerebral palsy.

The appellants argued the trial judge erred in rejecting their theories that the mother suffered from pre-eclampsia or elevated blood pressure, and that the physician was negligent in failing to induce labour or refer her to an obstetrician.

The Court of Appeal found no palpable and overriding error in the trial judge's findings that the physician met the standard of care and that the appellants failed to prove causation.

The appeal was dismissed.

The plaintiffs brought a medical malpractice action alleging that the defendant family physician's negligence during the mother's pregnancy and delivery caused the infant plaintiff to be born with cerebral palsy.

The plaintiffs argued the doctor failed to properly monitor the mother's hypertension, failed to refer her to an obstetrician, and negligently prescribed enalapril, an ACE inhibitor, shortly before birth.

The Superior Court of Justice dismissed the action, finding that the doctor met the standard of care of a family physician in the circumstances and that his clinical judgments were reasonable.

Furthermore, the court concluded that the plaintiffs failed to prove on a balance of probabilities that the enalapril or the mother's hypertension caused the infant's injuries, which were likely the result of an acute intrauterine event such as cord compression.