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High Court dismisses plaintiff's claim for damages for personal injuries, having suffered a haemorrhage while in labour at the defendants' hospital, the grounds that the plaintiff failed to establish: (a) that the practice the defendants followed contained inherent obvious defects; or (b) that the conduct itself was inherently negligent or fell below the standard to be expected of medical professionals of that skill level.
Medical negligence - plaintiff in labour under care of Defendants – developed a very significant haemorrhage – very significant degree of blood loss - delay of 36 minutes in taking Plaintiff to operating theatre to treat haemorrhage – Defendant claims treatment was not ideal but was adequate and sufficient for a community hospital – accepted by Court – test for medical negligence involves demonstrating that if the Defendant followed established procedure, Plaintiff must establish that this procedure contains inherent obvious defects – Plaintiff did not do so or demonstrate that conduct was inherently negligent or fell beneath the standard expected of medical professionals of that skill level – Plaintiff’s claim fails and case dismissed.
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