The appellants appealed the dismissal of their medical negligence action relating to a birth injury that resulted in cerebral palsy.
The trial judge had dismissed the action against the attending obstetrician, nurse, and hospital.
The Court of Appeal allowed the appeal with respect to the obstetrician, finding that the trial judge made inconsistent findings regarding the interpretability of fetal heart rate monitor outputs and erred in concluding that the bradycardia would have occurred regardless of the application of a vacuum extractor.
A new trial was ordered for the claim against the obstetrician.
The appeal regarding the nurse and hospital was dismissed.
