Anna Callaghan v South Tees Hospitals NHS Foundation Trust

19 May 2023

[2023] EWHC 1199 (KB)

High Court

A baby died after being discharged from the hospital. Her mom sued the hospital, saying they didn't check on her baby enough and didn't give good enough advice before sending her home. The judge said the hospital made some mistakes with paperwork and advice, but didn't prove they caused the baby's death. The mom's memory of what happened wasn't clear enough to win the case.

Key Facts

•Imogen Hill, the claimant's daughter, died on June 2, 2014, from Group B Streptococcus (GBS) bacterial meningitis and septicaemia.
•The claim alleges clinical negligence by South Tees Hospitals NHS Foundation Trust in the care provided to Imogen between May 27 and 28, 2014.
•The claimant alleges breaches of duty in relation to midwifery checks, feeding plans, and discharge advice.
•The defendant denies negligence, asserting appropriate care was provided.
•Key disputed facts include Imogen's feeding pattern and condition before discharge, and the advice given to the claimant.

Legal Principles

Bolam test: A doctor is not negligent if they acted in accordance with a practice accepted as proper by a responsible body of medical professionals.

Bolam v Friern Hospital Management Committee [1957] 1 WLR 583

Bolitho gloss: A court may find negligence even if a practice is accepted by a responsible body of medical opinion if that opinion is not logically justifiable.

Bolitho v City of Hackney Health Authority [1998] AC 232

The court must be cautious when assessing witness accounts, considering contemporaneous evidence and other reliable sources.

Kogan v Martin [2020] EWCA Civ 1645; Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013] EWHC 3560 (Comm)

Outcomes

Claim dismissed.

The claimant failed to establish that the defendant's breaches of duty caused Imogen's death. The court found that while there were record-keeping failures and some inadequate advice given, the claimant's recollection of events was unreliable and inconsistent with other evidence. The midwives' actions were deemed to be in line with a responsible body of midwifery opinion.

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