CD v Lanarkshire Acute Hospitals NHS Trust [2017] ScotCS CSIH_30 (09 May 2017)

The Lord Ordinary was entitled to accept the parents' evidence as credible and reliable, reject Sister Murphy's account, and find that excessive force was used to overcome shoulder dystocia, causing the injury. There was ample evidence to support the findings, and no error warranting appellate intervention.

Citation: [2017] ScotCS CSIH_30
Parties: Pursuer and Respondent: CD; Defenders and Reclaimers: Lanarkshire Acute Hospitals NHS Trust
Jurisdiction: Scotland
Judgment Date: 09 May 2017
Procedural Posture: Reclaiming Motion (appeal) / Appeal Decision From Lord Ordinary
Outcome: Appeal refused; Lord Ordinary's decision upheld.
Legal Topics: Brachial Plexus Injury, Shoulder Dystocia, Standard of Care, Appeals on Factual Findings

Medical Negligence Tort Law Brachial Plexus Injury Shoulder Dystocia Standard of Care Appeals on Factual Findings

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Pursuer and Respondent

Lanarkshire Acute Hospitals NHS Trust

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion (appeal) / Appeal Decision From Lord Ordinary

Legal Issues

1 Whether excessive force was used in delivery causing injury
2 Whether the Lord Ordinary erred in accepting the parents' evidence over the midwife's
3 Whether the trial judge's findings of fact should be overturned

Ratio Decidendi

Court Disposition

Appeal refused; Lord Ordinary's decision upheld.

Orders

Damages awarded in the sum of £725,000 plus interest payable by Lanarkshire Acute Hospitals NHS Trust to CD on behalf of her son.