15 February, 2016

Jill Clark v Greater Glasgow Health Board [2016] CSOH 25

Ampersand’s Phil Stuart has been involved in the successful defence of a major clinical negligence action in which the pursuer sued for £15 million for brain damage suffered from birth.

Phil was instructed as junior counsel for Greater Glasgow Health Board, from the first preparation of Defences in 2005 until the proof, which took place over 21 days in early 2015.

The pursuer claimed that her brain damage was due to the negligent mismanagement of her labour, in 1992. Negligence on the part of the midwifery staff and the obstetrician was alleged.

In a 78 page judgment published on 19th February 2016, Lord Stewart decided that the labour plan had been a responsible one and that it was responsibly managed. Decree of absolvitor was pronounced in favour of the defenders. The judgment can be found here.

While the action was at avizandum, the pursuer produced a Minute of Amendment seeking to introduce a new consent argument, in light of the Supreme Court’s decision in Montgomery v Lanarkshire Health Board 2015 SC (UKSC) 63. Lord Stewart refused to allow the Minute of Amendment to be received. His judgment on that issue can be found here.

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