Nurse Barbara Scott

The appellants appealed the dismissal of their medical malpractice claim following the death of a mother from post-partum haemorrhaging hours after a caesarean section.

The trial judge found that while one anaesthetist breached the standard of care by failing to promptly notify an obstetrician of the patient's deteriorating condition, this breach did not cause her death, which the judge attributed to an untreatable blockage in her lung caused by disseminated intravascular coagulopathy (DIC).

The Court of Appeal dismissed the appeal, holding that the trial judge's findings on the cause of death and lack of causation were supported by the evidence and did not amount to palpable and overriding errors.

A dissenting judge would have ordered a new trial, finding the trial judge's cause of death theory was unsupported by the evidence and not advanced by either party.

The plaintiffs brought a medical malpractice action following the death of a mother from postpartum hemorrhage and disseminated intravascular coagulation (DIC) hours after a caesarean section.

The plaintiffs alleged that the nurses, anaesthesiologist, and obstetricians breached the standard of care by failing to recognize and treat the bleeding earlier.

The court found that while the anaesthesiologist breached the standard of care by delaying notification to the obstetricians of the patient's deteriorating condition, this delay did not cause the patient's death.

The court concluded that even if the decision to operate had been made earlier, the patient would still have developed DIC and the fatal blockage would not have been prevented.

The action was dismissed without costs.