PXW v Kingston Hospital NHS Foundation Trust [2019] EWHC 840 (QB) (05 April 2019)

PXW has cerebral palsy and on his behalf it is alleged that he sustained hypoxic-ischaemic brain injury as a result of midwifery negligence when his mother attended at the Hospital’s Maternity Assessment Unit at 39 weeks and three days gestation at 17:55 on 15 March 2011 (“the first admission”) and/or (at least until after the conclusion of the evidence) when she returned to the Hospital at about 20:45 the same evening (“the second admission”). [3

The reality of the situation is that had [mother] been admitted to the Hospital’s Maternity Unit at or about 18:20 the eventual outcome would have been the same. Intermittent auscultation would not have identified any abnormalities as early as 20:00 and there would therefore have been no cause to commence a CTG. [84]

A fundamental flaw that flows through C’s case, is that it is predicated on the assumption that the injury to PXW resulted from precisely ten minutes of non-damaging hypoxia followed by five minutes… of damaging hypoxia yet plainly these durations are proximations at best. [85]

…dismiss this claim… [87]