DS (by mother and litigation friend FS) v Northern Lincolnshire and Goole NHS Foundation Trust

Negligence – Causation. The Queen's Bench Division held in a clinical negligence action following the delivery of the claimant that although there had been a negligent three minute delay by the midwives in calling the obstetrician, there had been no proof that but for the negligent delay in delivery of three minutes, the claimant would have not sustained brain damage or that the damage he had suffered would have been materially less severe in its impact on his ability and capacity.

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