On 26 May 2016 His Honour Judge Forster QC handed down an oral judgment in the matter of Graca Hall v East and North Hertfordshire NHS Foundation Trust. The Claimant's claim for damages was dismissed. Clyde & Co (Andrew Hannah / Rob Wilson) acted for the Defendant Trust on the instruction of the NHS Litigation Authority.
The Claimant gave birth to her first child in July 2010. She alleged that the Trust was negligent in that the attending Midwife moved to the other side of the room to turn on the resuscitaire when it should have been clear to her that birth was imminent and thus she failed to catch the Claimant's baby as he was delivered.
The baby landed on a pillow placed on the floor but slipped off suffered a minor bruise to the head. The Claimant however alleged that she suffered post-traumatic stress disorder as a result of witnessing the manner of the delivery. Although a six figure sum for damages was claimed the trial proceeded on the issue of liability only as the Claimant was not well enough to give evidence in full.
The Defendant's case was that the speed of delivery could not reasonably have been foreseen. The Claimant delivered her baby with one contraction within a couple of minutes of reaching the active second stage of labour. Thus it was argued that it was reasonable to switch on the resuscitaire (an act which took a matter of seconds only) in order to prepare for the birth whilst a student midwife observed for any clinical changes.
Judge Forster QC accepted the evidence of the treating midwife and the expert instructed on behalf of the Trust in full. On the evidence before the court it was concluded that the Claimant had failed to make out the claim and it was therefore dismissed.
Clyde & Co maintained a resolute defence of this claim throughout proceedings. The Claimant's prospects were considered to be poor and in the era prior to one way qualified cost shifting (QOCS) this matter may not have ever reached trial. With the introduction of QOCS, where there is less risk for the Claimant, we may well see the number of trials increase over the coming years.
Obstetric claim for six figure sum dismissed by the High Court
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.