Source: All England Reporter
Publisher Citation: [2002] All ER (D) 131 (Nov)
Neutral Citation: [2002] EWHC 2344 (QB)
Court: Queen's Bench Division

Andrew Smith J

Representation Charles Lewis (instructed by Hugh James Ford Simey) for the claimant.
  Stephen Miller QC (instructed by the Welsh Health Legal Services) for the defendant.
Judgment Dates: 8 November 2002


Negligence - Duty of care - Health authority - Medical negligence - Birth - Liability

The Case

The court held that the claimant's claim in negligence against the hospital authority failed because there was no reason to believe that the claimant's injury was caused by the midwives' negligence. They were acting in accordance with what was regarded in 1987 and was still regarded as good practice and it was not possible to infer from the injury itself negligence for which the defendant was responsible.

Practice Areas

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