Walker v Milton Keynes General NHS Trust

Walker v Milton Keynes General NHS Trust

The defendant failed to identify and treat the pregnancy as high risk, failed to implement and record an appropriate care and monitoring plan, and discontinued CTG monitoring at a critical time. These failures fell below the standard of care required and, on the balance of probabilities, caused the claimant's injury. Had appropriate monitoring and timely caesarean section been performed, the injury would have been avoided.

Parties
Claimant: Rebecca Walker; Defendant: Milton Keynes General NHS Trust
Jurisdiction
England and Wales
Judgment Date
08 July 2005
Procedural Posture
Medical Negligence / Judgment on Liability and Causation Only; Quantum Reserved
Outcome
Claimant succeeds on liability and causation; quantum to be determined.
Legal Topics
Standard of Care, Causation, Obstetric Negligence, Duty of Care, Breach of Duty
Tort Medical Negligence Standard of Care Causation Obstetric Negligence Duty of Care Breach of Duty

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Parties

Rebecca Walker

Claimant

Milton Keynes General NHS Trust

Defendant

Procedural Posture

Medical Negligence / Judgment on Liability and Causation Only; Quantum Reserved

Legal Issues

  1. 1 Whether the defendant breached the duty of care owed to the claimant during labour and delivery
  2. 2 Whether the breach caused the claimant's injuries (dyskinetic cerebral palsy)

Ratio Decidendi

The defendant failed to identify and treat the pregnancy as high risk, failed to implement and record an appropriate care and monitoring plan, and discontinued CTG monitoring at a critical time. These failures fell below the standard of care required and, on the balance of probabilities, caused the claimant's injury. Had appropriate monitoring and timely caesarean section been performed, the injury would have been avoided.

Court Disposition

Claimant succeeds on liability and causation; quantum to be determined.

Orders

  • Parties to liaise on procedural steps towards a trial on quantum.