AW v Greater Glasgow Health Board [2015] ScotCS CSOH_99 (24 July 2015)

AW v Greater Glasgow Health Board [2015] ScotCS CSOH_99 (24 July 2015)

The court found that the midwives failed to take and record AW's blood pressure and urine sample on 5 October 1996 despite her reporting symptoms suggestive of pre-eclampsia. This constituted a breach of the standard of care. On the balance of probabilities, had these tests been performed, AW would have been referred to hospital on 5 October, admitted, and delivered earlier, which would have avoided or materially reduced the injury to the child. The defenders were therefore liable for the resulting harm.

Citation
[2015] ScotCS CSOH_99
Parties
Pursuer: AW; Defender: Greater Glasgow Health Board
Jurisdiction
Scotland
Judgment Date
24 July 2015
Procedural Posture
Medical Negligence Claim / Proof on Liability and Causation
Outcome
Liability established against the defenders for negligence resulting in injury to the child.
Legal Topics
Standard of Care in Antenatal Care, Causation in Medical Negligence, Obstetric Negligence, Pre Eclampsia Diagnosis and Management, Liability for Acts/omissions of Midwives
Medical Negligence Tort Law Standard of Care in Antenatal Care Causation in Medical Negligence Obstetric Negligence Pre Eclampsia Diagnosis and Management Liability for Acts/omissions of Midwives

Case Brief

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Parties

AW

Pursuer

Greater Glasgow Health Board

Defender

Procedural Posture

Medical Negligence Claim / Proof on Liability and Causation

Legal Issues

  1. 1 Whether the midwives failed to exercise reasonable care in antenatal assessment on 5 October 1996
  2. 2 Whether failure to test blood pressure and urine constituted negligence
  3. 3 Whether earlier referral/admission would have avoided or reduced injury to the child

Ratio Decidendi

The court found that the midwives failed to take and record AW's blood pressure and urine sample on 5 October 1996 despite her reporting symptoms suggestive of pre-eclampsia. This constituted a breach of the standard of care. On the balance of probabilities, had these tests been performed, AW would have been referred to hospital on 5 October, admitted, and delivered earlier, which would have avoided or materially reduced the injury to the child. The defenders were therefore liable for the resulting harm.

Court Disposition

Liability established against the defenders for negligence resulting in injury to the child.

Orders

  • Proof on quantum of damages to follow.