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Applying Montgomery in clinical negligence cases

Jock Mackenzie reviews recent cases, including claims relating to antenatal care which apply the newly established Montgomery test

28 July 2015

In Peter Luke Hogg (a Protected Party by his Mother & Litigation Friend Cherryl Hogg) v Secretary of State for Health [2015] EWHC 267 (QB), Mr Justice Hickinbottom determined that, while there had been a breach of duty in 1985 not had any causative significance.

The error had been by a sonographer who incorrectly had informed the claimant's mother that she was 16 weeks pregnant when she was in fact 14 weeks and six days pregnant, in breach of duty.

However, the amniocentesis had not been performed using real-time ultrasound scanning (contrary to the parents' recollection) and, furthermore, the obstetrician had not been in breach in not re-scanning to check the amniocentesis needle position prior to a second insertion, as this was in accordance with a responsible body in 1985.

Finally, the claimant was unable to prove that his condition of septo-optic...

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