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.