Taylor v Chesterfield Royal Hospital NHS Foundation Trust

Medical practitioner – Negligence. The claimant brought a claim against the defendant NHS trust, alleging that she had suffered a brachial plexus injury at her birth in 1992, as a result of negligence by a registrar (Dr D) and two midwives and who had attended her birth. The claim was brought more than 25 years after the alleged injury. The Queen's Bench Division held that, on the facts, the claim, alleging excessive traction to the claimant's head at birth, necessarily failed in circumstances where the claimant had been delivered by Dr D, following a correct diagnosis of shoulder dystocia, using a combination of three techniques which had been accepted at the time as being appropriate.

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