KR v Lanarkshire Health Board

Medical negligence – Childbirth – Birth injury – Liability. Court of Session: In an action by a mother seeking damages on behalf of her daughter who suffered a hypoxic brain injury at birth, resulting in cerebral palsy, in which the question was whether the injury and damage was caused by the fault and negligence of the defenders' medical staff in failing to deliver the child before 1914 hrs on 1 December 2007, the court concluded that management of the registrar who attended the pursuer's labour was negligent in the period following 1818 hrs as she was relatively inexperienced and did not follow the relevant guidelines or seek the advice of a senior colleague; and she had failed in her duty to discuss the non-reassuring features of the labour with the pursuer, and the options, to enable the pursuer to give her informed consent to the continuing progress of her labour.

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