Key Facts
- •Claimant, born in 2008, suffers permanent brain damage due to periventricular leukomalacia (PVL) caused by chronic foetal hypoxia ischaemia.
- •Claimant's mother had a history of 'cystitis: kidney scarring'.
- •Claim alleges negligence in failing to classify pregnancy as high risk, perform growth scans from 28 weeks, and deliver earlier.
- •Defendant admitted Claimant likely sustained PVL due to chronic foetal hypoxia ischaemia.
- •Trial focused on liability; causation was not addressed.
- •Expert evidence provided in midwifery, nephrology, obstetrics, foetal medicine, and neonatal medicine.
Legal Principles
The Bolam test: A medical professional is not negligent if their actions accord with a responsible body of medical opinion.
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
The Bolitho gloss: The court must be satisfied that the expert opinion has a logical basis.
Bolitho v City and Hackney HA [1998] AC 232
Standard of care for junior doctors: Judged by the standard appropriate to their post, regardless of experience.
FB v Princess Alexander Hospital NHS Trust [2017] EWCA Civ 334
If a defendant breaches a duty making it hard for a claimant to provide evidence, the court should judge the claimant's evidence benevolently and the defendant's critically.
Keefe v Isle of Man Steam Packet Co Ltd. [2010] EWCA Civ 683
Outcomes
Claim dismissed.
The court found no breach of duty. The defendant's actions were within the range of acceptable practice for a reasonably competent obstetrician in 2008, given the available medical knowledge and resources. Even if there had been a breach of duty, causation was not established.