Cassidy Alexis Ediger, an infant by her Guardian Ad Litem, Carolyn Grace Ediger v. William G. Johnston (December 4, 2012)
Case # 34408
The appellant sued the respondent, Dr. Johnston, an obstetrician and gynaecologist, for damages arising from serious injury during her birth.
The appellant sued through her mother, Carolyn Ediger.
Late in Mrs. Ediger’s labour, Dr. Johnston attempted a rotational “mid level” forceps procedure to assist the delivery.
During this procedure Dr. Johnston was unable to place the forceps satisfactorily.
Shortly after he abandoned the procedure, the appellant’s heart action slowed in a bradycardia which deprived her of necessary oxygen.
Being deprived of the necessary oxygen caused permanent and severe brain damage to the appellant.
The trial judge concluded that Dr. Johnston breached the standard of care in attempting a rotational mid forceps delivery.
The trial judge concluded the Dr. Johnston should have first checked to see if there was backup available for a C-section.
The judge also concluded that the doctor didn’t have the mother’s informed consent to the forceps procedure before delivery.
The Court of Appeal allowed Johnston’s appeal and dismissed Ediger’s action.