§ PUBLISHED JUDGMENT · 2019
Rebeccah Taylor v Chesterfield Royal Hospital NHS Foundation Trust
[2019] EWHC 1043 (QB)·High Court (Queen's Bench Division)·30 April 2019
A 4.93kg baby's shoulder became stuck at delivery and the registrar used moderate downward traction to free her, causing a permanent brachial plexus injury. The judge found that traction of that kind was accepted practice in 1992, even though it is now avoided, so the claim failed.
Outcome
Claim failed
Sum stated in judgment
Not stated
Claim type
Erb's Palsy
Decided
Liability decided at trial
§ WHAT HAPPENED
The facts, in brief.
Defendant: Chesterfield Royal Hospital NHS Foundation Trust · this trust’s claims data
Injury: Permanent left obstetric brachial plexus injury (Group 2, Erb's-type) from traction applied during shoulder dystocia at birth in November 1992
Specialty: Obstetrics / midwifery · England
§ WHAT THE COURT SAID
In the judgment’s own words.
“The Claimant's claim is dismissed.”
The money
Quantum had been agreed at £1,150,000 subject to liability ([13]), but the claim was dismissed so nothing was recovered.
§ WHY IT MATTERS
What this case shows.
Negligence is judged by the standards at the time of the birth, not today's guidance, which is decisive in many historic Erb's palsy claims. An agreed damages figure is worth nothing unless breach of duty is proved.
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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