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Whitehouse v Jordan [1980]

Facts

  • The defendant, a senior medical professional, used forceps to assist with the difficult delivery of a newborn child
  • Because of this use of forceps, the child suffered severe brain damage

Issue

  • Was the professional negligent

Decision

  • No negligence

Reasoning

  • While it was an incorrect decision to use forceps, the child’s claim failed as the decision would have been the same in the case of the reasonable professional in such circumstances
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