Author: John McKiggan

The brain controls how we think, how we move, what we see, hear, feel and automatic bodily functions, such as breathing, digesting and heartbeats. As I explained in this article, your baby’s brain is like the world’s most complex telephone system, transmitting messages and instructions (in the form of electrical impulses) from brain cell to brain cell and then to other parts of your baby’s body. 

When there is a sudden disruption in the electrical impulses in your child’s brain, it can cause changes in behavior, movements, actions or consciousness for short periods. These changes are called seizures.

Within this complex organ, brain cells communicate by means of tiny bursts of energy or electrical signals. A seizure occurs when a group of brain cells (called neurons) has a sudden, erratic electrical discharge. What type of seizure your child has depends on where the discharge begins in your baby’s brain.

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In Milne v. St Joseph’s Health Centre, the court determined that Jessy Gibson should have been
born a healthy newborn. Tragically, as a result of the negligence in the
management of his mother’s care during labour and Jesse’s care during his
delivery, Jessy suffered catastrophic brain damage from oxygen deprivation.

As a result of this negligence,
Jessy suffers from hypoxic-ischemic encephalopathy (HIE) which has caused a
neuromuscular disorder called cerebral palsy.

Today, he is dependent on others for
his care 24 hours a day. Jessy is unable to communicate or even feed himself.
Jessy will never be able to live a normal life. He also suffers from spastic
diplegia, a condition where his limbs cannot be controlled. Jessy Gibson also
has visual impairments brought on by his brain injury.

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In 2008, eleven-year-old Cassidy
Ediger sued Dr. William Johnston, obstetrician and gynecologist for damages
that were caused by injuries during her birth at Chilliwack General Hospital in
British Columbia. Young Cassidy suffers permanent brain damage resulting from
deprivation of oxygen in the lead up to her birth when Dr. Johnston
unsuccessfully attempted to use a rotational forceps procedure to assist the
delivery. This failed attempt caused Cassidy’s heart action to slow down until
she was delivered by cesarean section and resuscitated eighteen minutes later.

Ms. Ediger, through her mother, alleged that Dr. Johnston was negligent in attempting the procedure in the first place. Further, she claimed that Dr. Johnston had attempted the procedure without having adequately ensured a back-up surgical team in the event surgery was needed, as it eventually did. Additionally, Ms. Ediger claimed that, even though she was only a fetus, Dr. Johnston had not informed her by way of her mother about the risks of the procedure or the alternatives to the procedure. Dr. Johnston denied that he had been negligent in attempting the procedure, he also contested that he had owed Ms. Cassidy the duty to inform her of the procedure, its risks or alternatives as she was just a fetus.

Determining Factors

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