The appellants appealed the dismissal of their medical malpractice claim against a family physician for alleged negligence in prenatal care that resulted in the infant appellant being born with cerebral palsy.
The appellants argued the trial judge erred in rejecting their theories that the mother suffered from pre-eclampsia or elevated blood pressure, and that the physician was negligent in failing to induce labour or refer her to an obstetrician.
The Court of Appeal found no palpable and overriding error in the trial judge's findings that the physician met the standard of care and that the appellants failed to prove causation.
The appeal was dismissed.
