Coyle v Lanarkshire Health Board [2013] ScotCS CSOH_167 (24 October 2013)

Coyle v Lanarkshire Health Board [2013] ScotCS CSOH_167 (24 October 2013)

The court held that the midwives breached their duty of care by failing to seek medical assistance at around 16.50 and before 19.00, but that the obstetrician's decision not to perform fetal blood sampling was within the range of reasonable medical practice. However, the court found that the breaches by the midwives did not cause the injury, as the evidence indicated the fetus had recovered by the time of later events. The only proven breach of duty was the failure to seek urgent medical assistance at or after 23.00, but on the balance of probabilities, earlier intervention would not have resulted in delivery before 23.15, and thus would not have prevented the injury.

Citation
[2013] ScotCS CSOH_167
Parties
Pursuer: Helen Coyle; Defender: Lanarkshire Health Board
Jurisdiction
Scotland
Judgment Date
24 October 2013
Procedural Posture
Medical Negligence Action / Opinion After Proof on Liability and Causation
Outcome
Pursuer's claim dismissed
Legal Topics
Standard of Care for Midwives and Obstetricians, Causation in Medical Negligence, Interpretation of CTG Traces, Duty to Seek Medical Assistance, Application of Bolam and Bolitho Principles
Medical Negligence Tort Law Personal Injury Standard of Care for Midwives and Obstetricians Causation in Medical Negligence Interpretation of CTG Traces Duty to Seek Medical Assistance Application of Bolam and Bolitho Principles

Case Brief

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Parties

Helen Coyle

Pursuer

Lanarkshire Health Board

Defender

Procedural Posture

Medical Negligence Action / Opinion After Proof on Liability and Causation

Legal Issues

  1. 1 Whether midwives failed to seek medical assistance at appropriate times during labour
  2. 2 Whether obstetrician failed to perform fetal blood sampling when indicated
  3. 3 Whether breaches of duty caused the claimant's injury

Ratio Decidendi

The court held that the midwives breached their duty of care by failing to seek medical assistance at around 16.50 and before 19.00, but that the obstetrician's decision not to perform fetal blood sampling was within the range of reasonable medical practice. However, the court found that the breaches by the midwives did not cause the injury, as the evidence indicated the fetus had recovered by the time of later events. The only proven breach of duty was the failure to seek urgent medical assistance at or after 23.00, but on the balance of probabilities, earlier intervention would not have resulted in delivery before 23.15, and thus would not have prevented the injury.

Court Disposition

Pursuer's claim dismissed