The appellant physician appealed a trial judgment finding her liable for the respondent's catastrophic brain injury following an acute asthmatic attack.
The trial judge found the appellant breached the standard of care by delaying intubation and failing to call for help sooner.
On appeal, the appellant argued the trial judge improperly relied on a critical care note containing double hearsay and opinion evidence regarding the respondent's hypoxemia, and erred in his causation analysis.
The Court of Appeal dismissed the appeal, holding the note was admissible under the business records exception and as a party admission, and that the trial judge's causation findings were supported by the expert evidence.
