In a judgment published yesterday, Rich v Hull & East Yorkshire Hospitals NHS Trust [2015] EWHC 3395 (QB), the court considered a breach of duty allegation for failure to administer corticosteriods (in 1993) before an emergency caesarean section at 32 weeks gestation. The claimant alleged that the failure caused or materially contributed to her respiratory distress syndrome leading to cerebral ischaemia and cerebral palsy due to periventricular leukomalacia.

The claim ultimately failed, in that there was no finding of breach of duty.

However there is  an interesting discussion on causation beginning at [134], including consideration of epidemiological evidence.

There was also consideration of the legal position regarding divisible and indivisible injuries, the comments of Professor Jane Stapleton and the correctness of the decision of the House of Lords in in Hoston v East Berks AHA [1987] AC 750.

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