HEALTH-CARE PROFESSIONALS — Liability (malpractice) — Negligence — Causation — Duty of care

Law360 Canada (June 13, 2024, 2:51 PM EDT) -- Appeal by appellants from trial judgment against them for equal share of respondents' agreed damages of $12 million. They argued that the trial judge erred in his findings of factual and legal causation regarding Doctor Padmore and Scarborough Hospital’s ("Hospital") pre-delivery acts and omissions. The respondent suffered cardiac arrest on the operating table during a cesarean section (“C-section”) at the Hospital. The respondent suffered a severe brain injury. The parties had agreed on the amount of the respondent’s damages which was $12 million. The action on liability went to trial against Doctor Peng, Doctor O’Brien who performed the C-section, and the appellants, namely, Doctor Padmore, who provided obstetrical care to the respondent pre-delivery, Doctor Jamensky, the attending anesthesiologist, and the Hospital. The trial judge found Doctor Padmore breached the applicable standard of care by failing to order a standard pregnancy test as part of his examinations of the respondent and found the Hospital vicariously liable for the negligence of its employee Nurse San Juan and for negligence for its failure to assemble the records detailing the respondent's pregnancy. The trial judge further found that Doctor Jamensky's negligent conduct of converting from a regional to a general anesthetic was the direct cause of the cardiac arrest suffered by the respondent. The action against Doctors Peng and O’Brien was dismissed....
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