Susanne Raab, Paul McGivern, KC and Lindsay McGivern were successful in obtaining judgment against an obstetrician and labour and delivery nurses for a newborn who sustained significant trauma to her head during delivery, including multiple skull fractures and brain bleeding.
The infant plaintiff’s mother was 36 weeks pregnant when she went into labour and was admitted to Lions Gate Hospital. The health care providers failed to properly assess the position of the baby’s head during labour and augmented the labour with oxytocin, resulting in the baby’s head becoming tightly wedged within the mother’s pelvis. The mother underwent an emergency caesarean section due to lack of descent of the baby’s head. Attempts were made to dis-impact the baby’s head from the mother’s pelvis. During this process, the baby suffered multiple skull fractures, brain bleeding and brain injury. She has been diagnosed with cerebral palsy and seizures.
The trial judge found the physician 85% liable, and nurses 15% liable for the injuries to the baby, as a result of failures to properly manage the mother’s labour, failure to communicate properly amongst the healthcare team with the mother, and failure to safely dis-impact the baby’s head during the c-section.
Read the court decision: Gilmore v. Love, 2023 BCSC 1380
Read the full news stories:
- Obstetrician found mostly responsible for baby’s brain injuries during delivery at Lions Gate Hospital (Vancouver Sun)
- Lions Gate Hospital doctor negligent for baby’s skull fractures, brain damage (North Shore News)
- Lions Gate Hospital doctor negligent for baby’s skull fractures, brain damage (New West Record)
