Nadine Montgomery v. Lanarkshire Health Board [2007] CSOH 172

Reparation - Debate:- In this action the pursuer sought damages for injuries sustained by her son who was born in October 1999. It was averred that the obstetrician in charge of her antenatal care failed at an early stage to take the proper course namley that on three distinct occasions resort she should have had a caesarean section that would have produced a healthy child and due to the normal delivery that was undertaken the result was shoulder dystocia, deprivation of oxygen and resultant injury. At debate counsel for the defenders submitted that the action should be dismissed or at least restrict some of the averments from probation. It was submitted that the the damage was not a reasonable and probable consequence of the defenders' negligence. It was submitted for the pursuer that a deliberate choice not to deliver by cesarean was made and the defenders were then left to do an emergency vaginal delivery. It was submitted that that was negligent and had they not been negligent the child would have been born healthy. Here the court considered whether the pursuer could never succeed in law even if she proved all that she averred.