Physicians Negligent – Family of Brain Damaged Baby Recovers $7 Million after 110 Day Trial

A baby will require constant supervision and care for his entire life after an obstetrician was late in calling a neonatologist to the delivery room where Mom was giving birth to a baby doctors knew was experiencing intrapartum trauma. The family recovered $7 million dollars.

Mom went to hospital in premature labour. Her obstetrician attended to her. The fetus had a slow heart beat and variable decelerations indicative of interference with fetal oxygenation. A second-year resident prepared to deliver the baby. As the child’s head emerged, the obstetrician saw that the umbilical cord was wrapped around the child’s neck. The obstetrician clamped and cut the cord. The child was pale, limp and gasping. The resident began resuscitating the child, while the obstetrician delivered the placenta. When the child was 8 minutes old, a neonatologist skilled in resuscitation, was finally called. The neonatologist revived the child.

After a 110 day trial, the Court decided that the obstetrician was negligent in not calling a neonatologist to attend the delivery when faced with risks including prematurity and fetal distress. The obstetrician was also negligent in failing to draw a blood sample from the umbilical cord, and in relying on a resident as the attending doctor following the delivery of the child. The Court decided that the resident was negligent in failing to take action in the face of demonstrated fetal distress in a pre-term emergency.

The child was ultimately diagnosed with hypoxic brain damage. He is blind and mute, a quadriplegic, and has cerebral palsy. He requires constant care and supervision.

Sommers Roth & Elmaleh Professional Corporation has over 40 years of experience in medical malpractice litigation in the Greater Toronto Area (GTA), Ontario, and across Canada.

If you or a loved one have experienced a medical incident causing an injury, click here to get a free consultation from our expert panel.

Disclaimer: Past results of cases and recoveries by our medical malpractice/medical negligence lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.

If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
You pay us nothing unless we win.



Please provide us a summary of your case. A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry.

The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.