Dr. Manning

The appellant obstetrician appealed a trial judgment finding him liable for negligence in the delivery of the respondent's child.

The trial judge found that the appellant fell below the standard of care by improperly using forceps, which caused injuries to the respondent's uterus, and by negligently suturing the injuries, which occluded her ureter.

The Court of Appeal dismissed the appeal, holding that the trial judge made no palpable and overriding errors in his factual findings and properly relied on the evidence of the respondents' expert.

The appellants appealed the dismissal of their medical malpractice action against an obstetrician following a birth injury that resulted in the infant suffering from cerebral palsy.

The appellants argued the obstetrician breached the standard of care by failing to prepare for an immediate caesarean section before attempting a mid-forceps delivery, and by failing to deliver the baby within ten minutes of declaring a dire emergency.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings that the standard of care only required an operating room to be immediately available, and that the obstetrician acted as expeditiously as possible under the circumstances.