Latest insights from our experts

Posted 29 June 2018
by Stuart Bramley

Parents of baby girl left brain damaged after suffocating during her breast feed sue NHS

A baby in its parents arms

Parents of baby girl left brain damaged after suffocating during her breast feed sue NHS | Daily Mail Online

Medical negligence specialist Stuart Bramley observes –

“Whatever the outcome of this case the eventual court judgment should clarify the law concerning how much information should be given to parents. Consent to treatment has always been a complex issue – simply telling a patient or his/her parents about every possible risk may appear to be a sensible tactic but it would deter patients from agreeing to treatment where there is an infinitesimally tiny chance of something going wrong. Refusing medical input on those grounds creates additional dangers.

However, since a crucial Supreme Court judgment in 2015 courts are now much more ready to criticise hospitals and clinicians who do withhold information from a patient which really should be part of the decision process. It will also be interesting to see how the judges address the suggestion that Mrs Geis-Clements had already informed herself about proper breast-feeding technique before attending the hospital, and the extent if any of how that prior knowledge exonerates the midwife. .

I wish Cerys and her parents all the best in their fight and await the outcome of this difficult case.”

If you need any advice regarding a matter similar to this, then please do not hesitate to contact our experienced team of medical negligence solicitors.


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About the author

Stuart Bramley

Partner and Solicitor

Partner and solicitor with over 25 years' experience of medical claims and inquests