Permission is given for claim to be pursued 35 years after treatmentBMJ 2009; 338 doi: https://doi.org/10.1136/bmj.b1949 (Published 11 May 2009) Cite this as: BMJ 2009;338:b1949
- Clare Dyer
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 …