Supreme Court

Decision Information

Decision Content

 

                               SUPREME COURT OF NOVA SCOTIA

               Citation: McIntosh v. Isaac Walton Killam-Grace Health Centre,

                                                   2011 NSSC 260

 

Date: (20110712)

Docket:  Hfx. No. 264101

Registry: Halifax

 

 

Between:

                     Lisa McIntosh                         

Plaintiff

v.

 

Isaac Walton Killam-Grace Health Centre For Children, Women and Families

Defendant

 

_________________________________________________________________

 

                                             LIBRARY HEADING

__________________________________________________________________

 

 

Judge:         The Honourable Justice Pierre L. Muise

 

Heard:         October 18, 2010 to October 21, 2010, in Halifax, Nova Scotia

 

Written Decision:  July 12, 2011

 

Subject:       Torts - Negligence - Standard of Care and Causation

 


Summary:   In March of 2000, Ms. McIntosh’s first child was born in the IWK by caesarean section after a period of pushing in an attempt to deliver vaginally. Approximately 10 days later, she became aware of pain in the area of her left hip. She had not noted problems with her hip before that. In July of 2001, diagnostic imaging revealed loose fragments within the hip. In October of 2005, she underwent arthroscopic surgery, during which the fragments were removed and other damage to her hip was noted, some of which was repaired. Her hip deteriorated to the point where she had it replaced in March of 2007. Ms. McIntosh alleged that the way her legs were handled, by the student nurse supporting them during attempted vaginal delivery, was in breach of the requisite standard of care and caused the damage and deterioration in her hip.

 

Issues:         Did Ms. McIntosh establish that the student nurse failed to meet the applicable standard of care? Did the nursing student’s actions cause the damage observed in Ms. McIntosh’s hip and result in it deteriorating to the point where it had to be replaced?

 

Result:        The standard of care was that expected of a registered nurse of average competence and ordinary skill facing the circumstances in question, as described by Ms. McIntosh’s expert. The court did not accept Ms. McIntosh’s description of how her legs were handled as being completely accurate. The chart notes confirmed the pushing was going well. The movement of the feet and the resistance applied to ensure correct leg positioning were within the applicable standard of care.  

 

Ms. McIntosh failed to establish that the damage and deterioration in her hip were caused by the student nurse’s actions. She failed to show that there was enough force applied. If the damage had been caused by trauma during pushing, more likely than not, it would have caused pain that she would have noticed immediately, and continued to notice, except during the 24 hours she was under the effect of the epimorphine administered in preparation for the caesarean section. She would not have had full range of motion in her hip when she saw the doctor 13 days after the delivery. She had a pre-existing shallow hip socket.  People with that condition are more likely to develop osteoarthritis and degeneration requiring the hip to be replaced, without any intervening event. All the damage observed could arise as a result of such degeneration. The symptoms described by Ms. McIntosh were consistent with the normal progression of osteoarthritis in the hip. The cause of Ms. McIntosh’s hip condition and deterioration was more likely to have been degenerative than traumatic.

 


Index:         INTRODUCTION                                                                     para 1 

 

LAW, EVIDENCE AND ANALYSIS

 

1.       WHETHER MS. MCINTOSH HAS ESTABLISHED

THAT THE NURSING STUDENT FAILED TO

MEET THE APPLICABLE STANDARD OF CARE          para 8 

 

(A)     Applicable Standard of Care                                              para 9 

 

 

(B)     Nursing Student’s Actions During

Attempted Vaginal Delivery                                                         para 16

 

Lisa McIntosh                                                                     para 17

 

Nurse Margaret Duykers                                                  para 84

 

Cynthia Marie Mann                                                       para 119

 

( C )   Whether the Nursing Student’s Actions were Within

the Applicable Standard of Care                                     para 144

 

2.       WHETHER MS. MANN’S HANDLING OF MS. MCINTOSH’S LEFT LEG CAUSED, WITHIN

HER LEFT HIP, OSTEOCHONDRAL FRAGMENTS,

A PARTIAL TEAR OF THE LIGAMENT TERES

AND/OR A TORN LABRUM, RESULTING IN OSTEOARTHRITIS, REQUIRING THE HIP TO BE REPLACED

 

(A)     The Test for Causation                                                  para 159

 

(B)     Evidence Relating to Causation

 

Dr. Michael Dunbar                                             para 167

 

Dr. Catherine Anne Robinson                               para 250

 

Dr. Michael Gross                                               para 267


Lisa McIntosh                                                     para 322

 

Chart Notes and Other Evidence                           para 421

 

( C )   Weighing the Expert Evidence on Causation                    para 434

 

 

(D)     Finding on Causation                                                     para 458

 

 

3.       DAMAGES                                                                  para 513

 

CONCLUSION                                                                      para 514

 

 

 

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