In the Supreme Court of British Columbia, an 11-year-old girl sued her mother's obstetrician and gynecologist, through the mother, for damages arising from serious injury during the girl's birth.
A failed attempt at a rotational "mid-level" forceps delivery procedure late in Carolyn Ediger's labour during the birth of Cassidy Ediger resulted in a bradycardia that deprived Cassidy of oxygen for an extended period. The subsequent delay in delivery by Cesarean section resulted in severe permanent brain damage.
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://http://www.courts.gov.bc.ca/jdb-txt/SC/09/03/2009BCSC0386.htm. | 
