Published 11 May 2009, doi:10.1136/bmj.b1949
Cite this as: BMJ 2009;338:b1949
News
Permission is given for claim to be pursued 35 years after treatment
Clare Dyer
1 BMJ
| The first 150 words of the full text of this article appear below. |
The High Court in London has given the go ahead for a man with cerebral palsy to bring a compensation claim for alleged negligence at his birth nearly 35 years ago.
Mr Justice Eady held that Julius Whiston realised only when he was 31 that his injuries may have been caused by acts or omissions by medical staff. Although he knew he had been delivered by forceps and had had hypoxia, he thought his condition was just "one of those things."
The realisation that he might have a claim came to him when his mother, a midwife, mentioned in 2005 that during his birth in September 1974 at Queen Charlotte’s Hospital in Hammersmith, west London, a junior doctor had unsuccessfully attempted a forceps delivery for about half an hour without calling a more senior doctor.
The judge ruled that until 2005 Mr Whiston did not have the required "state of
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