A medical malpractice case that awarded $5.3 million to a London teenager and her family may be heading to the Supreme Court of Canada after Ontario's highest court ordered a new trial this week. The Ontario Court of Appeal sent back a civil case that took eight months to try in London and included testimony from experts who came from as far away as California. The original case ended with a decision against Victoria Hospital in February 2007 that $5.3 million be awarded to the London teen and her family but the appeal court said last week that none of the expert witnesses testified the injuries were caused in the way Superior Court Justice Helen Rady concluded.
Rady held that the nursing staff had breached protocol by not checking the fetal heart beat for ninety minutes when Alecia Fisher was born. If they had followed protocol, the asphyxia that caused Alecia's cerebral palsy may have been detected.
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