CIVIL PROCEDURE - Jury trials - Verdicts

Law360 Canada ( August 4, 2022, 6:45 AM EDT) -- Appeal by the plaintiffs from a Divisional Court decision upholding a trial judge’s decision refusing to grant judgment. A jury concluded that the defendant doctors failed to meet the standard of care required of doctors looking after pregnant patients and that the failure caused a child’s disabilities. The trial judge instructed the jury to state how the doctors’ negligence caused the child’s condition. The jury stated that one doctor’s failure to move the C-section to a different date and another doctor’s failure to deliver the child on a specified date more likely than not caused her brain injury. The trial judge refused to enter judgment on the ground that the particulars of causation given by the jury were insufficient and failed to explain the physiological mechanism of the injury....
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