Description
Robbie Scott (15) suffered from cerebral palsy. In this action he sought damages for alleged medical negligence. The parties agreed the level of damages to be awarded in the event of a finding of negligence. Proof here therefore was restricted to whether or not Dr Tara Cooper, who was then a senior registrar, was negligent in her care for the pursuer in the final minutes of his mother's labour in the early hours of 16 June 1990. Where the pursuer alleges deviation from normal medical practice, he must prove (i) that there was such a usual and normal practice at the relevant time, (ii) that the doctor had not adopted that practice and (iii) that the course which the doctor adopted was one which no professional person of ordinary skill would have taken if he or she had been acting with ordinary care. Here the relevant standard of professional person was the standard of a senior registrar in obstetrics. There was no dispute between the experts as to the appropriateness of attempting a rotational forceps delivery in the circumstances of Mrs Scott. Their disagreement was as to where that delivery should be attempted - in the labour room rather than in the theatre.
