CD (AP) v Lanarkshire Acute Hospitals NHS Trust [2015] ScotCS CSOH_142 (22 October 2015)

CD (AP) v Lanarkshire Acute Hospitals NHS Trust [2015] ScotCS CSOH_142 (22 October 2015)

The court found that Sister Murphy failed to exercise the skill and care of an ordinarily competent midwife by not recognising shoulder dystocia, not summoning help, not following established protocols, and using excessive traction, which materially contributed to C's severe brachial plexus injury. Liability was established against the defenders.

Citation
[2015] ScotCS CSOH_142
Parties
Pursuer: CD (AP); Defender: Lanarkshire Acute Hospitals NHS Trust
Jurisdiction
Scotland
Judgment Date
22 October 2015
Procedural Posture
Personal Injury Action / Final Judgment After Proof
Outcome
Liability established against defenders; damages awarded
Legal Topics
Midwifery Negligence, Shoulder Dystocia, Brachial Plexus Injury, Duty of Care, Birth Injury Liability
Medical Negligence Personal Injury Midwifery Negligence Shoulder Dystocia Brachial Plexus Injury Duty of Care Birth Injury Liability

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Parties

CD (AP)

Pursuer

Lanarkshire Acute Hospitals NHS Trust

Defender

Procedural Posture

Personal Injury Action / Final Judgment After Proof

Legal Issues

  1. 1 Whether Sister Murphy breached her duty of care as a midwife during delivery
  2. 2 Whether the breach caused or materially contributed to C's brachial plexus injury
  3. 3 Whether shoulder dystocia was present and properly managed

Ratio Decidendi

The court found that Sister Murphy failed to exercise the skill and care of an ordinarily competent midwife by not recognising shoulder dystocia, not summoning help, not following established protocols, and using excessive traction, which materially contributed to C's severe brachial plexus injury. Liability was established against the defenders.

Court Disposition

Liability established against defenders; damages awarded

Orders

  • Defenders to pay agreed damages of £725,000 to pursuer
  • Interest as agreed in joint minute