10 March 2017
Webster (a child and protected party, by his mother and Litigation Friend, Butler) v Burton Hospitals NHS Foundation Trust [2017] EWCA Civ 62, [2017] All ER (D) 189 (Feb)
The Court of Appeal, Civil Division allowed an appeal of the claimant in respect of a finding in favour of the defendant hospital in relation to causation of the claimant’s birth injuries. The court found that the judge had followed the approach in Bolam v Frien Hospital [1957] 2 All ER 118 of basing his judgment on whether the consultant had acted in accordance with a responsible body of expert medical opinion and it was clear from the more recent decision in Montgomery v Lanarkshire Health Board [2015] 2 All ER 1031 that that was no longer the correct approach.
