Noel v. Hawrylyshyn
Mylo Noel, by his Litigation Guardian Janelle Noel
Dr. Peter Hawrylyshyn
Dr. Samuel Ko
Law Firm / Organization
Not Specified
Dr. Lisa Allen
Dr. Nanette Okun
Dr. Romy Nitsch
Law Firm / Organization
Not Specified
Dr. Ivor Fleming
Law Firm / Organization
Not Specified
Dr. John Doe
Law Firm / Organization
Not Specified
Nurse Marie Dennis
Law Firm / Organization
Not Specified
Nurse Guinard
Law Firm / Organization
Not Specified
Nurse Ostapenko
Law Firm / Organization
Not Specified
Nurse Hue
Law Firm / Organization
Not Specified
Nurse Jane Doe
Law Firm / Organization
Not Specified
Nurse Linda Doe
Law Firm / Organization
Not Specified
Mount Sinai Hospital
Law Firm / Organization
Not Specified

Claims:

  • The plaintiffs alleged medical battery, lack of informed consent, and negligence in the delivery of Mylo Noel in 2005, leading to injuries and neurodevelopmental issues.

Key Issues:

  1. Medical Battery: Plaintiffs argued Ms. Noel did not consent to the use of vacuum and forceps. The court found she had consented given the circumstances.
  2. Informed Consent: Plaintiffs claimed insufficient information was provided about the risks of vacuum and forceps. The court determined the information given was adequate, and consent was obtained.
  3. Negligence Claims:
    • Standard of Care: Plaintiffs alleged breaches, including poor record-keeping and not recommending a Caesarean section. The court found all defendants met the required standard of care.
    • Causation: The court examined if these breaches caused Mr. Noel’s injuries and concluded they did not result in his later neurodevelopmental problems.

Court Decision:

  • All claims against the defendants were dismissed. The court found the defendants acted within the standard of care, Ms. Noel consented to the procedures, and there was no causation between their actions and the alleged injuries.

Key Legal Principles:

  • Battery in Medical Context: Consent, express or implied, is a defense against battery.
  • Informed Consent: Adequate information about risks and benefits must be provided, especially in urgent situations.
  • Standard of Care in Negligence: Actions are measured against professional standards and expert testimony.

Conclusion:

  • The court ruled in favor of the defendants, finding no battery, informed consent was provided, and no negligence caused the alleged injuries. The action was dismissed.
  • No monetary award specified.

 

Superior Court of Justice - Ontario
CV-17-00569881-0000
Civil litigation
Defendant