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Amendment to pleadings permitted in birth injury case after new expert report received
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The High Court has granted an application to amend the personal injury summons in a medical negligence case concerning severe birth injuries suffered by a child. The amendment was sought following a new expert report that presented a significantly different view of the obstetric care provided. The court found the amendment necessary to resolve the real issues in dispute and allowed it without prejudice to the defendant, addressing potential logistical concerns through the imposition of costs. The original claim focused on the CTG trace as a recording of the fetal heart rate, while the new expert's opinion suggested it was the maternal heart rate, leading to a breach of duty and the child's condition at birth. The court emphasized the importance of resolving the core issues in controversy and the plaintiff's significant care needs due to neurodevelopmental delay and autism.
medical negligence, personal injury summons, amendment, High Court, hypoxic ischaemic encephalopathy, developmental delay, autism spectrum disorder, CTG tracing, fetal heart rate, maternal heart rate, breach of duty, expert report, Order 28 RSC, real issues in controversy, logistical prejudice, costs, vulnerable child, neurodevelopmental issues.
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