Medical practitioner – Negligence. The defendant NHS Foundation Trust-run hospital was liable for personal injury arising out of the claimant having been born at the hospital with serious brain injury, following a vaginal breech delivery. So held the Queen's Bench Division, which ruled that the advice, which a midwife at the hospital had given to the claimant's mother during the first telephone call, to the effect that she should not come to the hospital, had fallen below any acceptable standard of competent care. The court further held that that breach of duty of care had caused the claimant's injury.