Morrow returned to the doctor after the surgery for follow-ups and complained of continued and aggravated pain. Outerbridge advised him that this was normal and to be expected.

 

The judge presiding over the case awarded Morrow general damages in the amount of $235,000. Past and future damages were also awarded in the range of $1.2 million, while future care costs were still to be determined at time of release. The judge found that Morrow ". . . did not fail to mitigate his loss. He was told repeatedly that he was fine (by Dr. Outerbridge), that his pain was normal and that he did not need further treatment."

 

You can read this verdict in its entirety at

http://www.courts.gov.bc.ca/jdb-txt/SC/09/04/2009BCSC0433.htm.

This decision had devastating consequences because Kahlon was in the early stages of developing spinal tuberculosis meningitis, which would eventually migrate to his brain, rendering him completely paralyzed on one side of his body and in need of around-the-clock care for the rest of his life. He had married just prior to developing the tuberculosis, and his wife Michelle has since dedicated her time to providing the care he requires on a constant and daily basis.

 

The clerks at the UBC Hospital attempted to set up the follow-up appointment, but failed to return the scans to the radiologist to file a report and forward to the family physician. These crucial steps "would have led to a chain of inquiry which would have resulted in a diagnosis of spinal TB meningitis. Treatment would have been given and Mr. Kahlon would have recovered without consequence," said B.C. Supreme Court Justice Jon Sigurdson. The judge's decision held the "UBC Hospital liable for its failure to have in place a system to monitor whether reports had been generated for all the films that were taken."

 

The judgment found the UBC Hospital 70-per-cent at fault and Kahlon 30-per-cent to blame for his decision not to follow through with the second CT scan. Damages were apportioned for attendant care, rehabilitation aide and special damages for Shawn and Michelle Kahlon and Shawn Kahlon's parents.

 

You can read this verdict in its entirety at http://www.courts.gov.bc.ca/jdb-txt/SC/09/09/2009BCSC0922.htm.

Cojocaru was 10 days overdue for the birth when she was admitted to B.C. Women's Hospital on the long weekend in May 2001. At the time, the hospital was under a job action by the Hospital Employees Union and operating under reduced staff.

 

Cojocaru should have been considered a high-risk patient due to having delivered her first child by Cesarean section in 1992.

 

Despite Cojocaru's repeated insistence that the impending birth be done by Cesarean, the doctors recommended a vaginal birth after Cesarean section (VBAC) and a prostaglandin induction.

 

Under poor supervision of the procedure, her uterus ruptured, and her son Eric suffered acute asphyxia and was born with significant brain damage.

 

For more on this case and discussion on the law regarding injury to a fetus, please refer to http://www.courts.gov.bc.ca/jdb-txt/SC/09/04/2009BCSC0494.htm.

The court found that Dr. William Johnston breached his standard of care in failing to provide adequate backup to perform a Cesarean section delivery, as is required when attempting a mid-level forceps delivery procedure. Further, the court found that Johnston failed to advise or consult with the mother about the risks associated with the forceps attempt, so Ediger was not able to provide informed consent to the procedure.

 

Also critical to this case was the court's review of the question of whether a physician owes a duty of care to a fetus.

 

You can read this verdict at

 

http://www.courts.gov.bc.ca/jdb-txt/SC/09/03/2009BCSC0386.htm.