Split Supreme Court of Canada upholds $12 million award against anesthesiologist, clarifies remoteness test
A divided Supreme Court of Canada in Hemmings v. Padmore dismissed both appeals, leaving anesthesiologist Dr. Neil Jamensky solely liable for $12 million after Sophia Hemmings suffered permanent brain damage during an emergency C-section. The majority clarified that causation in law is a remoteness inquiry, separate from factual causation, asking whether injury was a reasonably foreseeable consequence, not a mere possibility.
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