Description
Clinical Negligence. Once the decision to deliver by emergency Caesarean section had been taken, the hospital owed a duty of care to deliver the Claimant as quickly as possible with the aim of delivering him within 30 minutes in accordance with the guidelines. Where the Defendant had provided no evidence of logistical constraints the Court was entitled to draw an inference that there were no such restraints on the Hospital and find that the Claimant had established on the balance of probabilities that his delivery some 55 minutes after the decision had been taken to carry out the Caesarean amounted to a breach of duty.
