LT AGAINST LOTHIAN NHS HEALTH BOARD [2018] ScotCS CSOH_29 (03 April 2018)

LT AGAINST LOTHIAN NHS HEALTH BOARD [2018] ScotCS CSOH_29 (03 April 2018)

The registrar was not negligent in her interpretation of the CTG trace at 22:30. The evidence did not establish that the CTG was so unusual as to mandate expedited delivery or departure from guidelines. There was no known risk of fetal compromise requiring consent. The standard of care was met.

Citation
[2018] ScotCS CSOH_29
Parties
Pursuer: LT; Defender: Lothian NHS Health Board
Jurisdiction
Scotland
Judgment Date
03 April 2018
Procedural Posture
Professional Negligence (medical Malpractice) / Proof Restricted to Negligence; Causation and Quantum Left for Later Determination
Outcome
Action for negligence against registrar dismissed; no finding of negligence.
Legal Topics
Interpretation of CTG Traces, Duty to Inform and Obtain Consent, Standard of Care for Obstetric Registrars, Expedited Delivery in Labour, Clinical Guidelines Application
Medical Negligence Tort Personal Injury Interpretation of CTG Traces Duty to Inform and Obtain Consent Standard of Care for Obstetric Registrars Expedited Delivery in Labour Clinical Guidelines Application

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Parties

LT

Pursuer

Lothian NHS Health Board

Defender

Procedural Posture

Professional Negligence (medical Malpractice) / Proof Restricted to Negligence; Causation and Quantum Left for Later Determination

Legal Issues

  1. 1 Was the registrar negligent in interpreting the CTG trace as normal/reassuring at 22:30?
  2. 2 Should the registrar have expedited delivery by alternative means?
  3. 3 Did the registrar fail to inform the pursuer of risk and obtain consent?

Ratio Decidendi

The registrar was not negligent in her interpretation of the CTG trace at 22:30. The evidence did not establish that the CTG was so unusual as to mandate expedited delivery or departure from guidelines. There was no known risk of fetal compromise requiring consent. The standard of care was met.

Court Disposition

Action for negligence against registrar dismissed; no finding of negligence.

Orders

  • Proof restricted to negligence concluded; causation and quantum left for later determination.
  • No order for expedited delivery or damages at this stage.