Campbell v. Borders Health Board [2011] ScotCS CSOH_73 (05 May 2011)

Campbell v. Borders Health Board [2011] ScotCS CSOH_73 (05 May 2011)

The court found that the midwife who took the first call failed to elicit and record sufficient information regarding the nature of the discharge, falling below the standard of care. The midwife who took the second call similarly failed to ask and record routine questions about vaginal loss and fetal activity. The delay between decision and delivery for emergency caesarean section exceeded accepted standards without adequate explanation. These breaches of duty constituted negligence on the part of the midwives and the system operated by the Health Board.

Citation
[2011] ScotCS CSOH_73
Parties
Pursuer: Marjory Campbell (A. P.); Defender: Borders Health Board
Jurisdiction
Scotland
Judgment Date
05 May 2011
Procedural Posture
Personal Injury/medical Negligence / Proof Before Answer (liability/negligence Only)
Outcome
Negligence established against Borders Health Board and its staff; liability found for pursuer on issue of negligence.
Legal Topics
Medical Negligence, Duty of Care, Standard of Care, Cerebral Palsy, Obstetric Practice
Tort Medical Law Medical Negligence Duty of Care Standard of Care Cerebral Palsy Obstetric Practice

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Parties

Marjory Campbell (A. P.)

Pursuer

Borders Health Board

Defender

Procedural Posture

Personal Injury/medical Negligence / Proof Before Answer (liability/negligence Only)

Legal Issues

  1. 1 Whether midwives and obstetrician breached duty of care during telephone advice and hospital admission
  2. 2 Whether the system operated by Borders Health Board was negligent
  3. 3 Whether delay in emergency caesarean section constituted negligence

Ratio Decidendi

The court found that the midwife who took the first call failed to elicit and record sufficient information regarding the nature of the discharge, falling below the standard of care. The midwife who took the second call similarly failed to ask and record routine questions about vaginal loss and fetal activity. The delay between decision and delivery for emergency caesarean section exceeded accepted standards without adequate explanation. These breaches of duty constituted negligence on the part of the midwives and the system operated by the Health Board.

Court Disposition

Negligence established against Borders Health Board and its staff; liability found for pursuer on issue of negligence.

Orders

  • Proof to proceed on causation and quantum at later stage.
  • Borders Health Board liable for breaches of duty by midwives and obstetrician.