Neutral citation:
Judge:
Turner J, High Court of Justice Queen’s Bench Division
Counsel:
Ms Elizabeth Francis (instructed by Slater & Gordon (UK) Ltd) for the Claimant
Mr Charles Feeny, (instructed by Hill Dickinson LLP) for the Defendant
Hearing Dates:
16 January 2020
Date of Judgement:
27 January 2020
Subject:
Clinical Negligence, Obstetrics
Experts in the case:
Mr Waterstone, on behalf of the claimant in the original trial
Mr Irons, on behalf of the defendant in the original trial
Successful party:
Claimant/Appellant
Legal cases considered:
Simetra Global Assets Ltd and Another v Ikon Finance and 11 Others [2019] EWCA Civ 1413; Bolam v Friern Hospital Management Committee [1957] 1 WLR 583; Bolitho v City and Hackney HA [1998] AC 232
Guidance Referred to:
Green-top Guideline published by the Royal College of Obstetricians and Gynaecologists, Vaginal Birth After Caesarean Section www.rcog.org.uk/en/guidelines-research-services/…
Case Summary:
This was an appeal against the decision of Mr Recorder McLoughlin in June 2019. He handed down his reserved judgement on 6/09/2019 and found in favour of the claimant. The claimant was expecting her fourth child and had two previous caesarean sections and had sustained a tear to her womb. As a result she was recognised as high risk and a plan of management was drawn up. When she went into labour there was a delay in performing a caesarean section and she sustained damage to the posterior wall of the uterus. The central issue in the case was whether there should have been an earlier caesarean section and whether this would have avoided the damage that occurred.
On appeal it was argued that the structure of the judgement was deficient and there was no reference to the Bolam/Bolitho tests within it. There was a criticism that the claimant’s expert had been unable to point to literature in support of his contention. It was found that although the recorder had not expressly referred to the professional practice test he had applied the Bolitho analysis and it was clear he had done so. The findings made on breach of duty and causation were open to him.