In a medical negligence appeal arising from the death of a pregnant hospital patient after rupture of an ascending aortic aneurysm, the court split on whether the trial judge could find the obstetrical Most Responsible Physician liable while absolving the consulting respirologist.
The majority held that the hospital's MRP policy imposed an independent duty to exercise critical judgment, coordinate care, obtain appropriate consultations, and formulate an overall plan of care, and that the obstetrician breached that duty by failing to arrange immediate cardiac assessment and transfer to a tertiary care centre.
The dissent concluded the findings against the obstetrician were irreconcilable with the unchallenged finding that the respirologist's treatment plan met the standard of care, and would have set aside liability.
The majority also upheld causation and dismissed the costs appeal.
