Court Orders New Trial in Cerebral Palsy Malpractice Case

A medical malpractice case that awarded over $5.3 million to a London teenager may now be going to the Supreme Court of Canada after Ontario's highest court ordered a new trial. The decision was released this week by the Ontario Court of Appeal and sent back a civil case that took eight months to try in London. It included testimony from experts as far away as California.

The original case ended up with a decision against the Victoria Hospital for the sum of $5.3 million, however, the hospital's appeal has prevented the family from being awarded any part of the money. It could take many months now before there is a final decision in the matter.

Alicia, the girl with cerebral palsy, was born on February 4, 1991. She is spastic quadriplegic and is currently confined to a wheelchair. Wendy Fischer had a normal, healthy pregnancy before Alecia was born.

Superior Court Justice Helen Rady came to the conclusion that the hospital staff had breached protocol when they did not check the fetal heart beat for 90 minutes when Wendy Fisher was in labor. It is believed that the nursing staff would have detected the asphyxia that caused the cerebral palsy earlier if they had checked the heart rate every 30 minutes. The delivery doctor and anesthesiologist were both found innocent of any malpractice.

Errors on the part of medical practitioners may have played a part in your child's cerebral palsy. To find out, contact a cerebral palsy attorney at the Law Offices of Jeff Rasansky. Our team of legal experts will be able to help you find out the truth about your child's condition. Call 1 800 ATTORNEY today for a FREE consultation. There is no price tag on peace of mind!