CDE v Surrey And Sussex Healthcare NHS Trust

E.A. GUMBEL KC (instructed by Fieldfisher Solicitors) for the Claimant NEIL SHELDON KC (instructed by Capsticks Solicitors) for the Defendant Hearing dates: 3-10 October 2022 ____________________

11.1 Did the Defendant fail to provide a reasonable standard of care to the Claimant by failing to transfer the Claimant's mother to the LW 40 to 50 minutes earlier than in fact occurred?

11.2 Did that failure lead to delay in the performance of the emergency c-section which the Defendant carried out to deliver the Claimant at 1808?

11.3 Did any such delay increase the PHI suffered by the Claimant and so cause the cerebral palsy or materially contribute to it?

The Claimant's mother attended the Hospital at 36 weeks and 1 day gestation complaining of abdominal pain since 10 am (ie for about 5 hours). Midwife Reeves noted on the Admissions sheet that the Claimant's mother's abdomen was too tender to palpate. Her BP was 108/71. She was Polyhydramnious. A CTG was started at 1504 and run until 1543 and assessed as normal and reassuring: Contractions 3:10. Baseline rate: 130. Variability >5bmp, Accelerations present, Decelerations absent.