Jayden Astley (A minor by his father and litigation friend Craig Astley) v Lancashire Teaching Hospitals NHS Foundation Trust
[2023] EWHC 1921 (KB)
PXE v University Hospitals Birmingham NHS Foundation Trust
31 July 2024
[2024] EWHC 2023 (KB)
High Court
A baby was born with brain damage, and the parents sued the hospital. The lawsuit claimed the hospital was negligent in not providing better prenatal care. Experts disagreed on whether the mother's medical history required extra care, and the judge sided with the hospital's experts. Because the hospital doctors acted according to accepted medical practices at the time, the lawsuit was dismissed.
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.
Similar Cases
Elisha Woods v Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust
[2024] EWHC 1432 (KB)
CDE v Surrey and Sussex Healthcare NHS Trust
[2023] EWCA Civ 1330
LN v Blackpool Teaching Hospitals NHS Foundation Trust
[2024] EWHC 1478 (KB)
Anna Callaghan v South Tees Hospitals NHS Foundation Trust
[2023] EWHC 1199 (KB)