Dineley v Lothian Health Board [2007] CSOH 154

7 September 2007

The pursuer's daughter suffered from dyskinetic cerebral palsy caused by an acute hypoxic episode in the 24 minutes immediately prior to her birth. Damages, agreed at £3.8 million under reservation of a further claim in respect of assistive technology, were claimed for alleged medical negligence in the use of rotational forceps during labour. The claim was successfully resisted. Lord Hodge's opinion contains a useful summary of the approach to be taken by the Court in cases of professional negligence where there is a conflict in the expert evidence.

Iain Ferguson QC of Axiom Advocates appeared for Lothian Health Board

http://www.scotcourts.gov.uk/opinions/2007CSOH154.html

Lord Hodge, 29th August 2007