The Claimant's estate brought proceedings seeking damages for injury and loss said to have been caused by the negligence of the Defendant's medical and midwifery staff.

The Claimant was born by caesarean section  in March 2000.  The Claimant was in a reasonable condition after birth but deteriorated soon after.  He suffered from cerebral palsy and severe learning difficulties, had very poor motor care and required 24 hour care.  He died in December 2012. 

It was submitted that an infusion of the drug Syntocine had caused the mothers uterus to contract too frequently preventing adequate recovery time between contractions for the Claimant, and that allowing labour to go on too long caused a prolonged period of hypoxia.  It was contended that the midwife should have been suspicious following the reading of the CTG and that a senior doctor should have been consulted.

The Defendant contended there was nothing untoward about the care and that the Claimant's injury had been as a result of an infection.

The claim was dismissed.  The Claimant had to prove that the care of the Defendant fell below that of a reasonably competent doctor or midwife in the same position.  The Claimant then had to prove that this materially lead to the injury.  The explanation provided by the Defendant was credible.