Dr. Wiznitzer

The appellants, pediatric neurologists, appealed a trial judgment finding them liable for medical negligence in their treatment of an infant with a rare seizure disorder.

The trial judge found that the appellants breached the standard of care by prematurely concluding that a pyridoxine trial was ineffective and failing to reintroduce it when seizures returned.

The trial judge also found a breach of the duty to obtain informed consent for failing to disclose the pyridoxine trial to the parents.

The Court of Appeal dismissed the appeal, holding that the trial judge's findings on the standard of care were grounded in expert evidence, the failure to disclose a reasonable alternative treatment constituted a breach of informed consent, and the causation finding was supported by a commonsense approach to the evidence.

The plaintiffs brought a medical malpractice action against two pediatric neurologists for their treatment of an infant's intractable seizures in 2003.

The infant suffered from a rare condition, pyridoxine-dependent epilepsy (PDE).

The court found that the defendants breached the standard of care by setting an insufficient observation period during a pyridoxine empirical trial, improperly concluding the treatment was ineffective, and failing to reconsider pyridoxine when seizures returned.

The court also found the defendants breached their duty to obtain informed consent by failing to advise the parents of the trial and alternative treatment options.

The court concluded these breaches caused or contributed to the infant's severe intellectual and developmental delay.