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Medical negligence – Childbirth – Causation – Liability. Court of Session: Refusing a reclaiming motion in a medical negligence action by pursuers who sued for damages in respect of hypoxic brain injury their daughter suffered at birth, the court accepted the pursuers' argument that the Lord Ordinary, who assoilzied the defenders, had failed to give adequate reasons for his decision, and that, taken with his excessive delay in producing his opinion, meant that there had not been a fair trial of the issues and his interlocutor should be recalled; however the only course that the pursuers invited the court to take—a remit to the Outer House for proof of new—was incompetent and the court was therefore left with only one option, which was to refuse the reclaiming motion.
Medical negligence – Childbirth – Causation – Liability. Court of Session: Refusing a reclaiming motion in a medical negligence action by pursuers who sued for damages in respect of hypoxic brain injury their daughter suffered at birth, the court accepted the pursuers' argument that the Lord Ordinary, who assoilzied the defenders, had failed to give adequate reasons for his decision, and that, taken with his excessive delay in producing his opinion, meant that there had not been a fair trial of the issues and his interlocutor should be recalled; however the only course that the pursuers invited the court to take—a remit to the Outer House for proof of new—was incompetent and the court was therefore left with only one option, which was to refuse the reclaiming motion.
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