“Medical error of judgment is not automatically negligence.”
A baby suffered brain damage during birth. The obstetrician had pulled on the baby's head with forceps during delivery and the trial judge found this amounted to negligent technique rather than mere error of judgment.
Whether an error of clinical judgment by a medical professional could constitute negligence, and what standard of care applies to medical professionals.
The House of Lords allowed the doctor's appeal, finding no negligence. The court held that while an error of judgment can be negligent, it is not necessarily so.
Established the key principle that medical errors are not automatically negligent, requiring courts to assess whether conduct fell below reasonable professional standards. Fundamental for medical negligence cases.
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OSCOLA Citation
Whitehouse v Jordan [1981] 1 WLR 246 (HL)
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