The plaintiffs brought a medical malpractice action following the sudden death of Emilio Spirito at Trillium Health Centre.
The plaintiffs alleged that the defendants' negligence, specifically the failure to insert a nasogastric tube, caused the deceased to aspirate fluids and die.
The court found that the defendant doctors and nurses met the standard of care in their treatment and monitoring of the deceased.
Furthermore, the court accepted expert pathology evidence that the deceased died from bilateral lobar pneumonia acquired from air-borne bacteria, meaning there was no causal connection between the alleged negligence and the death.
The action was dismissed.
