Case in Focus: An old case meets the Civil Procedure Rules: Simms v Birmingham Health Authority

摘要

In Clinical Risk, Volume 6(3) (Mayn2000), page 117, we described the circumstancesnof a successful appeal fromna district judge concerning a singlenjoint causation expert in a complexncerebral palsy case arising out ofnevents that took place in 1982.nSeveral features of this case, whichnwas heard by Mr Justice Newman atntrial, starting 1 November 2000, arenof interest. The claimant won on liability,nquantum having been agreednduring the trial. The breach of dutynissues related to the standard ofnobstetric care and, in particular, cardiotocographn(CTG) monitoring inn1982. The judge commented that thendefendant’s two experts (who hadnboth given evidence to the effect thatnthey would have acted no differentlynto the defendant’s obstetric staff atnthe time of events) ‘demonstrated anloss of objectivity’.