Hilik Elmaliah

The plaintiffs brought a medical negligence action against several physicians, nurses, and a hospital, alleging that their negligence during the plaintiff mother's labour and delivery caused the infant plaintiff to suffer a severe hypoxic-ischemic brain injury resulting in cerebral palsy.

The plaintiffs alleged that an artificial rupture of membranes was negligently performed when the fetal head was high, causing a cord prolapse.

The court found that the defendant physicians and nurses met the standard of care, with the exception of one resident physician's failure to document the events, which was not causative.

The court also concluded that the plaintiffs failed to prove factual causation, as the clinical evidence at birth was inconsistent with the infant being completely deprived of oxygen for the 18 minutes following the cord prolapse.

The action was dismissed.

During a medical malpractice trial, the defendants moved to strike the jury following the plaintiff's closing address.

The court found that plaintiff's counsel crossed the line many times, making numerous misstatements that rendered correction by an appropriate charge impossible.

Concluding that the plaintiff's closing address undermined the fairness of the trial process, the court discharged the jury and determined it would decide the issues of liability and damages itself.