Negligence

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.