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England and Wales decisions
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Liability trial in a clinical negligence claim. The court found the missed ECG monitoring caused a failure to diagnose paroxysmal atrial fibrillation and the claimant’s stroke.
The defendant did not breach the standard of care expected in 2003. The management plan and its implementation were in accordance with contemporaneous guidelines and expert evidence. There was no negligent delay in the steps leading to delivery. The injury was caused by an unpredictable and rare impaction of the fetal head during caesarean section, not by any act or omission of the defendant. The material contribution test did not apply as there was no evidence that any alleged breach contributed to the injury.
Source excerpt
Medical negligence claim over a psychiatrist’s risk assessment failed. The court found the assessment was within reasonable professional opinion and causation was not proved.
Personal injury road traffic claim dismissed after the claimant failed to prove the driver breached his duty of care or caused the collision.
Clinical negligence trial about spinal surgery complications. The court held the claimant’s cardiac arrest was caused by pulmonary embolism, not hyperkalaemia, and dismissed the claim.
LXLP v St George's University Hospitals NHS Foundation Trust [2026] EWHC 560 (KB) (13 March 2026)
Clinical negligence claim over PPROM and antibiotics was dismissed. The court found breach as to erythromycin, but causation was not proved for cerebral palsy.
Fassone v Hugh James (a firm) [2026] EWHC 364 (KB) (20 February 2026)
Professional negligence claim against solicitors dismissed after the court found no breach in advice on a historic abuse settlement.
The Privy Council dismissed Dr Persad’s appeal, holding he was negligent in failing to ensure fetal heart rate monitoring in theatre and in not acting with due urgency.
LMN v Swansea Bay University Health Board [2025] EWHC 3402 (KB) (23 December 2025)
Clinical negligence claim dismissed after the court found no negligent delay in managing labour and no causal link to the claimant’s brain injury.
Sip v Marsh & Anor [2025] EWHC 3302 (KB) (19 December 2025)
The High Court dismissed a claimant’s appeal in a road traffic negligence case, holding that the defendant driver was not liable for a collision caused by the claimant’s excessive speed.
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