Originally published in TEDR Volume 12 Issue 2 (publication date not recorded).
[2007] EWCA Civ 290 TEDR Volume 12 Issue 2
Mr. Miah was 26 years of age and suffered from severe athetoid cerebral palsy. This was brought about in the final stages of labour when he was born. It was a catastrophic case of cord prolapse. He was delivered as a new born baby with severe brain damage.
It was common ground that had he been delivered just five minutes earlier brain damage would not have resulted (assuming the delivery was otherwise uneventful).
The crucial issue, therefore, was whether the umbilical cord had already prolapsed when his mother was examined by the midwife. By that time the mother’s membranes had ruptured and it was agreed between experts that at or around the time of rupture of the membranes, was the most common time for a cord prolapse to occur.
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