Paul M. Mann

The plaintiffs brought a medical malpractice action against several physicians and a hospital following the death of their newborn son.

The infant died from complications related to a rare congenital condition, anal stenosis, which was not diagnosed prior to his death.

The court found that the defendant physicians met the standard of care expected of general practitioners, as the condition was not externally visible and the infant did not present with symptoms warranting an urgent referral during their examinations.

The action was dismissed.

The appellants appealed the dismissal of their medical malpractice action against the respondent gynaecologist.

During a laparoscopic bilateral oophorectomy, the appellant's colon was burned by a cautery instrument.

The trial judge found that the respondent caused the burn but concluded there was insufficient evidence to find he fell below the standard of care, as the appellants' expert did not address the specific location where the respondent testified he applied the cautery.

The Court of Appeal dismissed the appeal, holding that it was open to the trial judge to decline to draw an inference of negligence given the gap in the expert evidence.