Luke Purver v Winchester and Eastleigh Healthcare NHS Trust
Key Clinical Negligence Decision: Luke Purver v Winchester and Eastleigh Healthcare NHS Trust (decision of David Foskett QC, sitting as a deputy Judge of the High Court 18 January 2007)
Martin Spencer QC and Jane Tracy Forster successfully represented the Claimant in the liability-only trial arising out of the Claimant’s birth in 1989 by “trial of operative delivery” (also known as “trial of forceps”).
It was found that there had been a negligent delay on the part of the Obstetrician in converting from the attempted forceps to caesarean section, the delay being sufficient to cause the Claimant to sustain neurological brain injury and cerebral palsy. Whilst previous cases have considered whether an Obstetrician was negligent in failing to carry out a trial of operative delivery, this is the first case (so far as we are aware) of negligent delay in carrying out caesarean section in the course of a trial of operative delivery.
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