PXW (a minor, suing by his father and litigation friend) v Kingston Hospital NHS Foundation Trust

Medical practitioner – Clinical negligence. A clinical negligence claim, arising from the birth of the claimant at the defendant NHS trust's hospital (the hospital), was dismissed. The claimant had cerebral palsy and it was alleged, on his behalf, that he had sustained hypoxic-ischaemic brain injury as a result of midwifery negligence when his mother had attended at the hospital's maternity assessment unit. The Queen's Bench Division held that the claimant had failed to establish any actionable breach of duty in circumstances where, on the balance of probabilities, all the necessary checks of maternal and fetal well-being had been completed within the period of the assessment that the midwife had carried out.

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