Simon Clements

The appellant suffered a bowel leak after surgery and developed septic shock.

He sued the hospital and a nurse for delayed diagnosis and treatment, alleging nursing negligence and medication errors.

The trial judge dismissed the action, finding no breach of the standard of care and that the appellant failed to prove causation, as his injuries were inevitable due to the onset of the sepsis cascade before the alleged negligence occurred.

The Court of Appeal dismissed the appeal, finding no palpable and overriding errors in the trial judge's assessment of the evidence or application of the 'but for' causation test.

The plaintiffs brought a medical malpractice action against the defendants after their newborn son developed kernicterus and suffered severe brain damage due to untreated hyperbilirubinemia.

The action against the physicians was settled, and the trial proceeded against the hospital and the nurse who cared for the infant overnight.

The court found that the nurse breached the standard of care by failing to report her observation of the infant's jaundice to a physician.

Applying a robust and pragmatic approach to causation, the court concluded that but for the nurse's negligence, a physician would have ordered a bilirubin test and initiated phototherapy in time to prevent the infant's injuries.

The hospital was held vicariously liable.

During a medical malpractice trial involving a newborn who developed kernicterus from untreated jaundice, the plaintiffs sought to qualify a registered nurse as an expert in perinatal nursing.

The defendants objected, arguing she lacked specific recent experience in tertiary hospital nurseries and was a 'roaming expert.' The court applied the Mohan and White Burgess frameworks, finding the proposed expert possessed the requisite specialized knowledge and experience in newborn care and jaundice assessment.

The court admitted the expert evidence, concluding its probative value outweighed any potential prejudice.