| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 249 (Jul) |
| Neutral Citation: | [2008] EWHC 1685 (QB) |
| Court: | Queen's Bench Division, Manchester District Registry |
| Judge: | Swift J |
| Representation | Michael Spencer QC (instructed by Edwards Abrams Doherty) for the claimant. |
| Graham Wood QC (instructed by Hill Dickinson LLP) for the defendants. | |
| Judgment Dates: | 18 July 2008 |
Catchwords
Negligence - Causation - Breach of duty causing or contributing to damage - Personal injuries and losses - Alleged delay in ambulance service reaching claimant's mother - Claimant suffering damage at birth - Whether time lapse leading to claimant's delivery fault of defendants.
The Case
Negligence Causation. On the evidence the defendants' staff had responded promptly and appropriately to phone calls made on behalf of the claimant's mother after she had had a spontaneous rupture of the membranes when pregnant with the claimant, and there was no delay on the part of the ambulance and flying squad dispatched to deal with the claimant. Accordingly, the claimant's claim against the defendants in respect of cerebral palsy caused by his birth failed.
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