header-logo header-logo

10 December 2021
Issue: 7960 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 10 December 2021

Clinical negligence

HTR (acting by his mother and next friend) v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB), [2021] All ER (D) 03 (Dec)

The Queen’s Bench Division ruled that breach of duty had been established, concerning the claimant’s clinical negligence claim. Four days after an antenatal appointment with Dr S at the defendant’s hospital in 2004 (the relevant date), the claimant had been delivered by emergency Caesarean section, having suffered permanent damage from chronic partial hypoxia which had resulted in asymmetric quadriplegic cerebral palsy. The court held that, as the claimant’s mother (LJR) had raised a concern about reduced foetal movement at the clinic on the relevant date, she had established a breach of duty. Further, in circumstances where the hearing in the present case had taken place 17 years to the day after the events in issue, and where LJR had first prepared a statement eight years after the meeting with Dr S, the court held that, notwithstanding that the critical medical note had recorded active foetal movement, such an entry had not precluded concern having been expressed

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll