§ PUBLISHED JUDGMENT · 2023

Callaghan v South Tees Hospitals NHS Foundation Trust

[2023] EWHC 1199 (KB)·High Court (King's Bench Division)·19 May 2023

A baby born at James Cook University Hospital was discharged two days after birth and died of GBS meningitis and sepsis. The judge found only one limited breach (a missing piece of discharge advice) and that it did not cause the death because the mother would not have returned to hospital in time.

Outcome

Claim failed

Sum stated in judgment

Not stated

Claim type

Stillbirth & Neonatal Death

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: South Tees Hospitals NHS Foundation Trust · this trust’s claims data

Injury: Death of a five-day-old baby from Group B Streptococcus meningitis and septicaemia after postnatal discharge

Specialty: Midwifery / neonatal · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“the Claimant has not established, as a question of fact, that (absent the only breach of duty which I have found) she would have returned to the hospital by 21:30”

The money

Quantum agreed at £18,000 (inclusive of interest) subject to liability; claim failed so nothing payable.

§ WHY IT MATTERS

What this case shows.

Even where a hospital gets something wrong, the claim fails unless the mistake is shown to have changed what happened. Record-keeping failings alone did not establish causation here.

About stillbirth & neonatal death claims →

§ MORE STILLBIRTH & NEONATAL DEATH JUDGMENTS

Claimant succeeded£271,901

Justyna Zeromska-Smith v United Lincolnshire Hospitals NHS Trust

[2019] EWHC 980 (QB)·2019·Damages assessed at trial

The baby died in the womb before induction and the mother had to labour for 18 hours to deliver her stillborn daughter; the Trust admitted negligence. Martin Spencer J found she had a genuine, continuing psychiatric illness and awarded £271,901 in total.

After a negligent stillbirth the main claim is usually the mother's psychiatric injury and its financial consequences, such as lost earnings and treatment. Awards can be substantial but the court scrutinises the recovery prognosis closely, and the parties' valuations here were very far apart.

All stillbirth & neonatal death judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

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