Hayley Goldfarb

The plaintiffs brought a medical malpractice action against three obstetricians and a hospital regarding the birth of the infant plaintiff.

The mother alleged that she did not consent to the use of a vacuum or forceps during delivery, claiming medical battery and lack of informed consent.

She also alleged that the doctors breached the standard of care in their antenatal record keeping, failure to recommend a Caesarean section earlier, and the decision to attempt a vacuum and forceps-assisted delivery.

The court dismissed the action, finding that the mother had provided informed consent to the use of the instruments in the face of an urgent obstetrical situation involving fetal distress.

The court also found that the doctors met the standard of care in all respects and that the plaintiffs failed to prove that the neonatal injuries caused the infant plaintiff's subsequent neurodevelopmental limitations.

The self-represented appellant appealed a Small Claims Court decision striking his claim against two physicians.

The appellant alleged the physicians used improper OHIP billing codes and improperly disclosed his personal health details to the police.

The Divisional Court dismissed the appeal, finding no error in the Deputy Judge's conclusions that the incorrect use of OHIP billing codes does not ground an action in negligence or breach of fiduciary duty, and that the Small Claims Court lacks jurisdiction to review CPSO investigations or grant remedies under the Charter or federal privacy legislation.

The court also found the appellant was not denied procedural fairness.