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Montgomery v Lanarkshire Health Board [2015] UKSC 11

Facts: Mrs Nadine Montgomery gave birth to a baby boy on 1 October 1999, at Bellshill Maternity Hospital, Lanarkshire. Unfortunately, her son was starved of oxygen during the birth and sustained severe brain damage. The shoulders of the baby got stuck during delivery (a complication known as shoulder dystocia) and there was a 12 minute delay in freeing the shoulders, resulting in the brain damage. In addition, the baby sustained paralysis in one arm caused by the force used in pulling him out. Mrs Montgomery’s principle claim was against her obstetrician for failing to give adequate warnings. The basis of her argument was that she, the mother, was small and diabetic, and that diabetes tends to lead to larger babies. Therefore, had she been warned of the risk of shoulder dystocia, she should also have been offered, and would have accepted, a caesarean section. The Supreme Court found for Mrs Montgomery, reversing the judgments at first instance and on appeal, and stating unequivocally that Sidaway should not be followed.