Taylor v Chesterfield Royal Hospital NHS Foundation Trust [2019] EWHC 1043 (Ch) (02 May 2019)

C is 26 years old. She was born on 13 November 1992. On that day she suffered a brachial plexus injury which she alleges was the result of negligence on the part of the two midwives and/or the registrar who attended her birth. [1]

The entry in the agreed delivery notes signed by Dr Dobbs states:

“ SHOULDER DYSTOCIA – [head] delivered

episiotomy cut + ant. shoulder del.

[with] suprapubic pressure + traction”. [5]

No limitation defence was pleaded by D [9]

In summary, I conclude that C was delivered by Dr Dobbsfollowing a correct diagnosis of shoulder dystocia, using a combination of three techniques accepted at the time as appropriate, namely an episiotomy, suprapubic pressure and moderate traction. The reason why C suffered a brachial plexus injury was that the traction applied had a downward component. This was accepted practice at the time but is something which is now avoided precisely because of the risk it carries of causing brachial plexus injury. [120]

claim is dismissed. [121]