The appellants, two family physicians, appealed a trial judgment finding them liable for medical malpractice and awarding over $10 million in damages for catastrophic brain injuries sustained by the infant plaintiff during birth due to shoulder dystocia.
The appellants argued that the trial judge's reasons were inadequate and that he ignored or misapprehended defence expert evidence regarding the standard of care.
The Court of Appeal dismissed the appeal, finding that the trial judge's numerous findings of negligence were amply supported by the evidence, including adverse credibility findings against the appellants and admissions made by the appellants themselves.
The court concluded that the reasons for judgment were adequate and permitted meaningful appellate review.
