Elisha Woods v Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust

11 June 2024

[2024] EWHC 1432 (KB)

High Court

A baby was born with brain damage. The court decided that doctors were negligent because they missed important warning signs on a baby's heartbeat monitor (CTG) and didn't do more tests. If they had, the baby would have been delivered earlier, preventing the injury. The doctors also didn't ask the mother about how the baby was moving, another missed opportunity to prevent the harm. The family won the case.

Key Facts

•Claimant, born in 1998, suffered alleged negligent delay in delivery at Doncaster Royal Infirmary.
•Claimant alleges chronic partial hypoxia from 11 October 1998 until birth, causing brain damage.
•Defendant disputes brain damage, suggesting genetic origin.
•Preliminary issue trial focused on whether defendant breached duty by failing to deliver claimant before 11 October 1998.
•Central issue: Was Dr. Samy's conclusion that the second CTG trace was reassuring reasonable?
•Two CTG traces were central to the case, with differing interpretations by expert witnesses.

Legal Principles

Negligence: A healthcare professional owes a duty of care to their patients, and breach of that duty can lead to liability for damages if the breach causes harm.

Common Law

Bolam Test (modified): A doctor's actions are not negligent if they are supported by a responsible body of medical opinion, even if other responsible opinions differ.

Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 (modified)

Causation: The claimant must prove on the balance of probabilities that the defendant's negligence caused their injury.

Common Law

Outcomes

Judgment for the claimant.

The court found that Dr. Samy's decision to discharge Mrs. Woods on 28 September 1998 was unreasonable. The second CTG trace was not reassuring, and further investigations would likely have led to earlier delivery, preventing the brain damage.

Breach of Duty established.

Dr. Samy's interpretation of the second CTG trace was deemed unreasonable and not supported by a responsible body of medical opinion. Further investigations were required but not undertaken.

Failure to inquire about fetal movements on October 6th.

Although this alone wouldn't necessarily have prompted delivery, it highlights a lack of diligent practice which contributed to the overall negligent care.

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