CD v Lanarkshire Acute Hospitals NHS Trust

Medical negligence – Childbirth – Birth injury – Liability. Court of Session: In an action by a mother seeking damages on behalf of her minor son who, it was averred, sustained a severe brachial plexus injury in the course of his birth which resulted in permanent disability, the court concluded that the pursuer's son suffered a severe brachial plexus injury to his right shoulder during the birth process as a result of the negligence of the defenders' employee, the senior midwife present at the birth, and sustained the pursuer's pleas in law to the extent of the sum agreed as quantum, namely £725,000.

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