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Law digests: 10 December 2021

10 December 2021
Issue: 7960 / Categories: Case law , In Court , Law digest
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Clinical negligence

HTR (acting by his mother and next friend) v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB), [2021] All ER (D) 03 (Dec)

The Queen’s Bench Division ruled that breach of duty had been established, concerning the claimant’s clinical negligence claim. Four days after an antenatal appointment with Dr S at the defendant’s hospital in 2004 (the relevant date), the claimant had been delivered by emergency Caesarean section, having suffered permanent damage from chronic partial hypoxia which had resulted in asymmetric quadriplegic cerebral palsy. The court held that, as the claimant’s mother (LJR) had raised a concern about reduced foetal movement at the clinic on the relevant date, she had established a breach of duty. Further, in circumstances where the hearing in the present case had taken place 17 years to the day after the events in issue, and where LJR had first prepared a statement eight years after the meeting with Dr S, the court held that, notwithstanding that the critical medical note had recorded active foetal movement,

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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