Question juridique clé
Whether the hospitals were liable for alleged failure to monitor the fetus after the cardiotocogram was stopped
Solution extraite
The alleged lack of monitoring was not proven, and in any event causation for the brain injuries was not established.
Motifs extraits
The appellants bore the burden of proving the alleged omission. The appellate court could rely on the private expert opinion showing that written documentation of such monitoring is not standard practice, and it found no arbitrary assessment of evidence. A separate, independent reasoning also denied causation.