The significant medical malpractice decision of Suwary v. Women's College Hospital et al. 2009 CanLII 31985 (Ont. S.C.J.) was delivered by Justice Moore on June 19, 2009. Justice Moore dismissed the action against the defendant hospital, a member of its obstetrical nursing staff, and the defendant obstetrician after a trial lasting approximately three months.

The plaintiffs alleged that the management of the pregnancy, labour and delivery was negligent. Damages had been settled prior to trial. The plaintiffs specifically alleged that the obstetrical nursing staff failed to appropriately assess the expectant mother, failed to appropriately monitor the fetal heart rate and respond to changes and failed to challenge the physician decision to expedite the delivery. The plaintiffs also alleged that the defendant obstetrician's decision to intervene to assist the delivery and whether his actions following that decision to intervene met the standard of care. Justice Moore held that the defendants met the standard of care and found that the conduct of the obstetrical nurses was exemplary. Justice Moore held that the intrapartum asphyxia was caused by an unforeseen event; likely an occult (undetectable) cord prolapse that began shortly after the mother began to push producing deep decelerations of the fetal heart.

The defendant Hospital and nurse were represented by Michael McKelvey and Anna Marrison of BLG's Health Law Group.