Cerebral Palsy Medical Negligence Claims

A medical practitioner will not be found to have acted negligently if the Court accepts his actions would be supported by a responsible body of medical practitioners in that particular discipline and if the actions stand up to logical scrutiny.

In other words we need to show that the medical practitioner acted or more often failed to act in a way that no other responsible medical practitioner in that particular speciality would have done.

A medical practitioner can not defend himself by saying he knows someone else who would have done as he did either if that person does not represent a "responsible body of medical practitioners" and/or if the actions do not "stand up to logical scrutiny".

One example is failing to appreciate signs that the foetus is in danger of injury by failing to recognise worrying patterns of foetal heart rate.  In response to worrying patterns of foetal heart rate the doctors should ensure immediate delivery or in some cases perform further investigations such as foetal blood sampling to help identify whether the foetus is in danger of injury.  The failure to recognise and act on signs of foetal distress is negligent.