[14] The plaintiffs’ only evidence of a possible breach of the defendants’ standard of care is that of Dr. Richman dated July 26, 2001. Dr. Richman graduated in medicine in 1967 and has practiced occupational medicine and pain management. Between 1968 and 1977 he also practiced family medicine. His practice includes evaluation, management and treatment of pain in the context of occupational medicine. He is neither an obstetrician nor an anaesthetist. He has no expertise in these areas of medicine or in the treatment of pain in an obstetrical ward.
[15] Dr. Richman’s report indicates that he did not have before him the clinical notes of the obstetrician, Dr. Livingstone, or the Hospital’s records respecting Mrs. Reid’s labour, delivery and post delivery treatment and care.
[16] Dr. Richman’s report is stated to be an independent medical evaluation and functional abilities evaluation.
[17] His conclusion was based on information provided to him, including statements by Mrs. Reid. He lacked two critical pieces of information, the obstetrician’s notes and the Hospital’s records. He concluded that Mrs. Reid’s complaints of injury are related to the treatment during her pregnancy and delivery. He states that “based on the information provided” that “best medical practices did not seem to be followed”.
[18] This report is highly qualified and does not address the critical issue of whether the defendants met the standards of care applicable to their treatment of Mrs. Reid.
[19] Furthermore, Dr. Richman did not give an affidavit confirming his opinion and whether it remains the same. Accordingly, his report was not admissible in evidence on this motion. See Ewaskiw v. Zellers 1998 CanLII 14866 (ON SC), (1998), 40 O.R. (3d) 795; Beland v. Kieffer, [2002] O.J. No. 709 paras. 5-10.