Summary of Recent Cases – Substantive Law

Professional and Clinical Negligence

Obstetrician Not Negligent In Failing To Continue Or Carry Out Further Cardiotocograph

McCoy v. East Midlands Strategic Health Authority, QBD, 18/1/11

Slade J DBE dismissed the claimant’s claim against the defendant for the alleged clinical negligence of one of its obstetricians in not continuing or repeating a cardiotocograph scan on her mother when she was pregnant with the claimant. Slade J DBE accepted that the defendant had acted negligently in forming the view that the trace from the scan was satisfactory. Whilst the scan should have been repeated or continued, Slade J DBE held that the claimant had not established that such continuance or repetition would produced a suspicious or pathological trace such as to cause the obstetrician to decide that the claimant should have been delivered earlier. As such, the claimant had failed to establish that the failure to carry out a further or continued scan was the cause of her brain damage at birth.

February 19, 2011 · Editorial Team · Comments Closed
Posted in: Cases