23 September, 2016
Ampersand advocates successful in CP claim against Health Board
KR v Lanarkshire Health Board  CSOH 133
Ampersand’s Maria Maguire QC and Lisa Henderson (whose appointment as senior counsel was announced this week) acting on the instructions of David McIntosh of Balfour + Manson and Jonathan Cushley of AustinLafferty, have successfully established a negligence claim against a Scottish Health Board, namely Lanarkshire Health Board, in a claim on behalf of a child who suffered cerebral palsy as a result of brain damage caused during labour.
Significantly, Lord Brailsford also found in the pursuer’s favour on the issue of lack of informed consent and applied the principles of Montgomery v Lanarkshire Health Board 2015 SLT 190.
The Opinion of Lord Brailsford can be found here.