Summary of Recent Cases – Substantive Law


SUMMARY OF RECENT CASES – PROFESSIONAL AND CLINICAL NEGLIGENCE

Claimant Failed To Establish Negligent Cause Of Brain Damage At Birth
Ludwig v. (1) Oxford Radcliffe Hospitals NHS Trust (2) Gloucestershire Hospitals NHS Foundation Trust, QBD, 02/02/12
Holroyde J dismissed the Claimant’s claim for damages for alleged professional negligence against the Defendants. It was alleged that the Defendants’ hospital staff had failed to identify or treat a Group B Streptococcus infection carried by the Claimant’s mother at birth and which had in turn caused her brain damage. Holroyde J held that the probable cause of the Claimant’s brain damage could not be identified. Holroyde J further held that the care and treatment of the Claimant would not or should not have been any different even if the Defendant’s staff had identified the infection carried by her mother.

March 23, 2012 В· Editorial Team В· Comments Closed
Posted in: Cases