The plaintiff developed an infection and subsequently necrotizing fasciitis following a Caesarian section.
The trial judge found the defendant doctor and home care nurses negligent in their post-natal treatment and concluded this negligence caused the necrotizing fasciitis, applying a robust and pragmatic approach to causation.
On appeal, the Court of Appeal held that the trial judge erred in his application of the robust and pragmatic approach, as there was insufficient evidence to support a finding of causation on a balance of probabilities.
The appeal was allowed and damages were reduced to $1,000 for the pain and suffering flowing from the delayed treatment.
