Joshua Harte

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 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.