Professor Jack Carr

The plaintiffs brought a medical malpractice action against several physicians following the death of a 47-year-old woman who died in hospital from an unknown cause, potentially a pulmonary embolism, acute coronary syndrome, or complications from sepsis.

The plaintiffs alleged the defendant doctors failed to diagnose and treat a pulmonary embolism with full-dose anticoagulation.

The court found that the defendant internal medicine specialists and cardiologists met the standard of care, as their differential diagnoses and treatments were reasonable given the patient's complex presentation.

The court also found the plaintiffs failed to prove causation on a balance of probabilities.

The action was dismissed.

The minor plaintiff suffered a severe hypoxic-ischemic brain injury at birth due to the admitted negligence of the defendant hospital's nurses in artificially rupturing the membranes.

The defendant conceded the breach of the standard of care and that it caused the plaintiff's ataxic hypotonic cerebral palsy, but argued her cognitive and behavioural issues were caused by genetically inherited ADHD.

The court rejected the genetic ADHD theory, finding the birth injury was the sole cause of all the plaintiff's physical, cognitive, and behavioural deficits.

The court awarded over $5.2 million in damages, including $250,000 for general damages, $1.88 million for future loss of income, and extensive future care costs for therapies, supported independent living, and home modifications.