Source: All England Reporter
Publisher Citation: [2014] All ER (D) 98 (Jan)
Neutral Citation: [2014] EWHC 38 (QB)
Court: Queen's Bench Division, Manchester District Registry

Mr Justice Haddon-Cave

Representation Nigel Poole QC (instructed by Pannone LLP) for the claimant.
  Stephen Miller QC (instructed by Hempsons, Manchester) for the defendant.
Judgment Dates: 16 January 2014


Hospital - Liability for negligence of members of staff - Medical practitioner - Claimant suffering injuries at birth - Claimant issuing proceedings against defendant for hospital staff's negligence - Defendant denying allegations - Whether defendant being negligent.

The Case

Hospital Liability for negligence of members of staff. The claimant issued proceedings against the defendant NHS Commissioning Board for injuries he had sustained at birth. He contended that his anterior shoulder had been injured by the application of excessive forceps traction during his delivery. The Queen's Bench Division, in dismissing the claim, held that the evidence established that there had been no negligence by hospital staff at any stage during labour or delivery.

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