Source: All England Reporter
Publisher Citation: [2016] All ER (D) 78 (Nov)
Neutral Citation: [2016] EWHC 2835 (QB)
Court: Queen's Bench Division
Judge:

Judge Peter Hughes QC sitting as a Judge of the High Court

Representation Simon Wheatley (instructed by Shakespeare Martineau LLP) for C.
  Matthew Barnes (instructed by Bevan Brittan LLP) for the Secretary of State.
Judgment Dates: 10 November 2016

Catchwords

Negligence - Medical practitioner - Hospital - Claimant (C) suffering brachial plexus injury at birth - Claimant bringing personal injury claim against defendant Secretary of State - Whether position of C's head during birth being left or right occipito anterior - Whether C's injured shoulder being in anterior or posterior position - Whether excessive force being used to deliver C.

The Case

Negligence Medical practitioner. The Queen's Bench Division dismissed the claimant's (C) claim against the defendant Secretary of State in a case where C brought a claim for damages arising out of personal injury suffered during her birth. In the circumstances, there was no legitimate basis for concluding that the notes made of C's birth had incorrectly recorded her position during birth, and excessive force had not been used to deliver her in accordance with the standards applicable at the time for a birth complicated by shoulder dystocia.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.