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7 February, 2017

Successful defence in midwifery negligence action

Ampersand’s Una Doherty acted for the defenders in the action Leigh-Ann Glen v Tayside Health Board 2017 CSOH 18, in which the pursuer claimed there had been negligence on the part of midwives involved in her care after the birth of her child.

When her placenta was delivered by a midwife, it was incomplete.

This was not recognised and the pursuer suffered a postpartum haemorrhage weeks later. The alleged negligence related to i) one hospital midwife’s inspection of the placenta and ii) the failure of both hospital and community midwives to recognise and act on signs of postpartum bleeding in the period following the birth of the pursuer’s child.

The proof proceeded on liability only, quantum having been agreed. The proof was heard over nine days. Lord Brailsford assoilzied the defenders, having determined that the pursuer had failed to establish any ground of negligence against them.

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