Tait or Glen v Tayside Health Board [2017] ScotCS CSOH_18 (07 February 2017)

Tait or Glen v Tayside Health Board [2017] ScotCS CSOH_18 (07 February 2017)

The court found that the midwives' examination of the placenta, the monitoring and discharge procedures, and the postnatal care provided were all in accordance with normal and competent practice. The evidence established that retained placental fragments can occur without negligence, and the clinical records did not support the pursuer's account of ongoing abnormal bleeding. There was no breach of duty established on the balance of probabilities, and thus no liability for the alleged injuries.

Citation
[2017] ScotCS CSOH_18
Parties
Pursuer: Leigh-Ann Tait or Glen; Defender: Tayside Health Board
Jurisdiction
Scotland
Judgment Date
07 February 2017
Procedural Posture
Clinical Negligence Damages / Proof on Liability Only; Damages Agreed Prior to Hearing
Outcome
Action dismissed; decree of absolvitor granted in favour of defenders.
Legal Topics
Clinical Negligence, Standard of Care, Causation, Postpartum Haemorrhage, Midwifery Practice, Obstetric Care, Examination of Placenta, Discharge Procedures, Postnatal Care
Medical Negligence Tort Law Health Law Clinical Negligence Standard of Care Causation Postpartum Haemorrhage Midwifery Practice +4 more

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Parties

Leigh-Ann Tait or Glen

Pursuer

Tayside Health Board

Defender

Procedural Posture

Clinical Negligence Damages / Proof on Liability Only; Damages Agreed Prior to Hearing

Legal Issues

  1. 1 Whether midwives were negligent in examination of placenta after delivery
  2. 2 Whether midwives failed to take appropriate vital signs after postpartum bleeding and prior to discharge
  3. 3 Whether postnatal care by community midwives was negligent

Ratio Decidendi

The court found that the midwives' examination of the placenta, the monitoring and discharge procedures, and the postnatal care provided were all in accordance with normal and competent practice. The evidence established that retained placental fragments can occur without negligence, and the clinical records did not support the pursuer's account of ongoing abnormal bleeding. There was no breach of duty established on the balance of probabilities, and thus no liability for the alleged injuries.

Court Disposition

Action dismissed; decree of absolvitor granted in favour of defenders.

Orders

  • No liability found against Tayside Health Board.
  • No damages awarded to pursuer.