In a medical malpractice action arising from the labour and delivery of an infant plaintiff, the defendant physician admitted breaching the standard of care and causing neurological impairment.
The dispute concerned the proper form of judgment following the admission of liability and the terms of a proposed advance payment.
The court determined the wording of the judgment to reflect the admission while limiting liability to damages causally linked to the physician’s negligence, with damages to be assessed at trial.
The court ordered an advance payment of $300,000 to be used for specified care and accommodation needs of the infant plaintiff and directed that the payment be credited against any eventual damages award.
No costs were awarded due to the good‑faith nature of the dispute between counsel.
