Key Facts
- •Claimant LN (7 years old) suffered alleged negligent management of labor and birth at Blackpool Victoria Hospital (Defendant) on 16 September 2016.
- •Defendant admitted breach of duty in administering Syntocinon but denied consequential injuries.
- •Claimant's injuries included microcephaly, developmental delay, speech and language problems, visual impairment (retinal dystrophy), and possible seizures.
- •The trial focused on whether the Claimant suffered hypoxic ischaemic encephalopathy (HIE) and if so, whether it was caused by the Defendant's negligence and contributed to his developmental delay.
- •The Claimant’s CTG showed abnormalities, including shallow decelerations and reduced variability.
- •The Claimant was born with a nuchal cord, leading to acute hypoxia.
- •The Claimant underwent therapeutic cooling after birth.
Legal Principles
Causation in clinical negligence: The claimant must prove on the balance of probabilities that the defendant's breach of duty caused or materially contributed to their injuries.
Common law principles of negligence
Outcomes
The claim failed.
While the judge found that the Claimant suffered HIE as a result of the Defendant's admitted breach of duty, he could not establish on the balance of probabilities that the HIE caused his long-term developmental problems beyond the immediate postnatal period. The judge found that the Claimant's retinal dystrophy and microcephaly were more likely caused by a genetic syndrome rather than the HIE. The judge also noted the absence of a clear causal link between the HIE and his other developmental issues given his visual impairments.