| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 06 (Oct) |
| Neutral Citation: | [2008] EWHC 2175 (Admin) |
| Court: | Queen's Bench Division, Administrative Court |
| Judge: | Plender J |
| Representation | Mr Stevenson (instructed by Howes Percival) for the claimant. |
| David Westcott QC (instructed by Kennedy's) for the defendant. | |
| Judgment Dates: | 30 September 2008 |
Catchwords
Medical practitioner - Negligence - Test of liability - Conformity with practices accepted as proper by responsible members of the profession - Claimant suffering brain damage at or around time of birth - Whether obstetrician in instant case acting inconsistently with standard of care of ordinary skilled man exercising and professing to have special skill.
The Case
Medical practitioner Negligence. Queen's Bench Division, Administrative Court: In a case where the claimant, a 17-year-old who had sustained brain damage at or around the time of his birth, claimed that the defendant's staff had acted negligently in the course of his delivery, on the evidence, whilst another competent obstetrician might have acted differently to the doctor in the instant case, neither he nor any of the other member of the staff had acted inconsistently with the required standard of care.
Practice Areas
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