John-Paul Swoboda discusses this recent case, which relates to events in 1996, and involves consideration of whether Montgomery applies to such historic circumstances.
Tag: Birth injuries
Claimant succeeds in negligence claim regarding pre-conception advice given to her mother: Toombes v Mitchell [2021] EWHC 3234 (QB)
Megan Griffiths writes about this landmark clinical negligence case on pre-conception advice, where, this week, the High Court handed down judgment in favour of the Claimant on liability.
The criminal prosecution of East Kent Hospitals University NHS Foundation Trust for the unsafe clinical care leading to the death of baby Harry Richford
In this post, Vanessa Cashman discusses this recent criminal prosecution regarding the failings in maternity care from East Kent Hospitals University NHS Foundation Trust. It is a landmark case, being the first time that the CQC has prosecuted an NHS Trust over failings in clinical care.
A case on congenital disabilities: Toombes v Mitchell [2020] EWHC 3506 (QB)
In this post, Thea Wilson looks at the recent case of Toombes v Mitchell, which considered arguments about wrongful life in the context of the Congenital Disabilities (Civil Liability) Act 1976.
NKX (By his mother and litigation friend NMK) -v- Barts Health NHS Trust [2020] EWHC 828 (QB)
In this blog post, Helen Waller of 12KBW discusses the case of NKX (By his mother and litigation friend NMK) -v- Barts Health NHS Trust [2020] EWHC 828 (QB), which involved a birth injury due to clinical negligence. Although it is a case largely based on its own facts, it is nonetheless an example of careful judicial analysis of complex and detailed expert evidence. It demonstrates the importance of the parties and the court having a full understanding of the medical issues in order to properly address both breach and causation.
Clinical Negligence Law 