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CHILDBIRTH INJURY: Liability issues

26 October 2017  

Rushmi Sethi examines clinical negligence claims concerning childbirth injury

Relatively few childbirth injury cases proceed to a full trial, while most will settle. This article will review some of the main cases that have proceeded to trial and comment on the issues in relation to liability – breach of duty and causation – that often arise in obstetric negligence claims.

Additional Info

  • Case(s) Referenced:

    Bailey v The Ministry of Defence & anor [2008] EWCA Civ 883

    Bolam v Friern Hospital Management Committee [1957] 1 WLR 582

    C (by his Father and Litigation Friend F) v North Cumbria University Hospitals NHS Trust [2014] EWHC 61 (QB)

    Chappell (as personal representative of Callum Lee Chappell) v Newcastle upon Tyne Hospitals NHS Foundation Trust [2013] EWHC 4023 (QB)

    Coyle v Lanarkshire Health Board [2014] CSIH 78

    Hunter v Hanley [1955] CSIH 2

    Montgomery v Lanarkshire Health Board [2015] UKSC 11

    Popple (a child by Stephen Popple his Litigation Friend) v Birmingham Women’s NHS Foundation Trust [2011] EWHC 2320 (QB); [2012] EWCA Civ 1628

    Sherwood (by her Mother and Litigation Friend, Michelle Sherwood) v Sherwood Forest Hospitals NHS Foundation Trust [2011] EWHC 3104 (QB)

    Sidaway v Board of Governors of the Bethlem Royal Hospital [1985] UKHL 1

    Tasmin v Barts Health NHS Trust [2015] EWHC 3135 (QB)

    Webster (a child) v Burton Hospitals NHS Foundation Trust [2017] EWCA Civ 62

    Zhang (a child suing by his Mother and Litigation Friend, Shifang Liu) v Homerton University Hospitals NHS Foundation Trust [2012] EWHC 1208 (QB)

Last modified on 24 October 2017