Judge criticises the NHS Litigation Authority

Posted By admin - 21st August 2017

In a recent case, JRM (by his father and litigation friend TRM) –v- King’s College Hospital Foundation Trust, the trial judge, Mr Justice Gilbart, criticised the conduct of the Defendant’s representatives handling of the case.

JRM, whose twin brother sadly died 2 weeks after birth, was delivered by forceps and suffered serious injury to his spinal cord.

The Judge was critical of the way the case was handled by the Defendant and in particular the decision to resist the claim on the basis that it was a straightforward and unremarkable delivery. He said that the evidence of the doctor who performed the delivery was “difficult to reconcile with internal notes and records”.

The Judge found there was a failure to call on the evidence of any of the clinicians or nurses who dealt with JRM after he was transferred to the intensive care unit, and who would have been able to describe his condition.

The Judge was also concerned that the Defendant had presented evidence from two of its experts that was inconsistent with regard to the mechanism of the injury. He criticised the Defendant for ‘calling expert witnesses who are not in agreement with each other’.

The trial concluded with judgement for JRM. The Judge found that JRM was delivered with excessive force, with forceps placed in the wrong position, and that this was the cause of his injury. Damages were to be assessed at a later date.

Moosa-Duke Solicitors has many years’ experience of representing families whose loved ones have suffered as the result of substandard NHS care. If you or a loved one has suffered as a result of poor care from a medical professional, please contact us on 0116 254 7456 for a no obligation conversation.