Walters v North Glamorgan NHS Trust [2003]

Facts

  •  Walters’ baby suffered an epileptic fit on birth due to the admitted negligence of the hospital
  • The baby would therefore never have any quality of life
  • The baby’s life support systems were turned off with consent and the abby died in Walters’ arms over a period of 36 hours
  • Walters suffered severe mental injury

Issue

Decision

  •  Recovery allowed

Reasoning

  •  As there was progression of the event over 36 hours, and the elements of proximity and causation are linked, recovery could be allowed without any significant legal step – one drawn out event

Citation

[2002] EWCA 1792

RELATED CASE  Weld-Blundell v Stephens [1920]

Posted in Tort Law Revision Notes.

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