NEGLIGENCE - Causation - Causal connection - Foreseeability and remoteness

Law360 Canada ( October 23, 2026, 1:30 PM EDT) -- Appeal by Sophia and members of her family (the Hemmings) from dismissal of the actions against Padmore and Scarborough Hospital; appeal by Jamensky from dismissal of his appeal. Sophia suffered a cardiac arrest following anesthetic complications during an emergency Caesarian section, leaving her with severe and permanent brain damage. Padmore was her obstetrician during most of her pregnancy. He did not advise Sophia of the medical risks associated with her pregnancy. The trial judge found that he failed to promptly order a pregnancy test, properly document the medical risks and plan of management, and advise her of the option of abortion and determine her wishes. The trial judge found Nurse San Juan negligent in failing to review Sophia’s clinical records before giving medical advice. Jamensky, the on-duty anesthesiologist, failed to meet the standard of care in intubating Sophia (intubation breach) and converting to general anesthetic before all reasonable options had been attempted let alone exhausted (conversion breach). He did not wait for the peak effect of the sedative or give her sister an adequate opportunity to calm her. The Court of Appeal set aside the intubation breach but upheld his liability. The Hemmings challenged factual causation and remoteness; Jamensky challenged factual causation and the sufficiency of the reasons....
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