Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Judge failed to fully engage with the evidence in medical negligence claim
|
or click here to request site subscription to search and view all judgments |
Court of Appeal allows appeal of High Court dismissal of plaintiff's claim for personal injuries arising from the management of a birth at Our Lady of Lourdes Hospital Drogheda, where an injury was sustained in the course of the delivery, and orders a re-trial, on the grounds that the trial judge did not fully engage with the evidence adduced on the plaintiff's behalf in support of her claim and, in particular, failed to make an express finding as to whether or not shoulder dystocia was present or excessive traction deployed.
Medical negligence – appeal of High Court dismissal of plaintiff's claim for personal injuries arising from management of birth at Our Lady of Lourdes Hospital Drogheda – injury was sustained in the course of her delivery – diagnosis of shoulder dystocia following the delivery of the baby’s head – disputed expert opinion evidence – alternative causes of injury – not clear that the trial judge applied the right test to the claim – it cannot be stated with sufficient certainly that he made his decision based upon the claim which was advanced on the appellant’s behalf – trial judge did not fully engage with the evidence adduced on her behalf in support of that claim and in particular failed to make an express finding as to whether or not shoulder dystocia was present or excessive traction deployed – High Court order must be set aside and a retrial ordered – appeal allowed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
