3 P.E.I. doctors dropped from negligence lawsuit

Island doctors Kate Ellis-Ghiz, Pauline Champion and Mitch Zelman have been dropped froma negligencelawsuit filed by parents who say their child suffered braindamage.

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The suit was filed four years ago by MelissaDriscolland DannyRoche, who claimtheir infant daughter Emma suffered a brain injuryfollowing treatment at Queen Elizabeth Hospital for influenzaand croup.

The motion for discontinuance of legal action against the three doctors was made Tuesdayin P.E.I. Supreme Court by Halifax lawyer Ray Wagner, who represents the family.

"Before we go to trial, we want to make sure that we have a robust and strong record to be able to bring the matter to trial," Wagner said outside the court house Tuesday.

"We were short on the evidence with respect to these doctors, and so we felt that it was important that we get focused on our case to the real merits and what's of concern."

"We need to get this matter concluded, so we need to get it to trial. That's paramount in their minds," said Wagner.

'We need finality'

During Tuesday'sproceedings, Wagner asked the court to leave the door open to the possibility of further legal action against the three doctors in the future, but Supreme Court Justice Nancy Keydeclined.

Instead, the judge accepted the argument of defence lawyer Jim Gormley who said such a condition had no precedent in case law.

"We need finality,"Gormley added. "The defendants have been through a great deal of public scrutiny."

The defence did not ask the judge to award the doctors their legal costs.

"I can only imagine the agony of parents now dealing with a severely disabled child," Keytold court, "This case may seem to be moving slowly, but it is normal."

Both Dr. Noonan and the P.E.I. government are defending the action and deny any wrongdoing. In his statement of defence, Dr. Noonan alleges that Emma Roche and her family were provided appropriate medical advice and treatment.