Kugler Kandestin obtains favorable judgment for family in complex medical malpractice cerebral palsy case
Kugler Kandestin represented the family of a child who was born with cerebral palsy, in a complex medical malpractice litigation.
On March 31, 2021, the Québec Superior Court rendered a judgment declaring the two Defendants, the treating doctor and the Hospital, fully liable to compensate the family for the child’s devastating medical condition.
The Court dealt with complex opposing obstetrical and neurological expert opinions, and ultimately determined that the child’s condition was the direct result of a lengthy episode of asphyxia just before the child’s birth. This asphyxia would have been avoided had the medical team acted in accordance with the applicable standards of care. In its judgment, the Court resoundingly dismissed the Defendants’ contention that the cerebral palsy was due to a medical condition of the placenta known as chorioamnionitis.