Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Negligence definition

What does Negligence mean? In legal practice, negligence describes a failure to take reasonable care that results in foreseeable harm or loss. It is proved by establishing: (i) a duty of care, (ii) breach of that duty measured against the objective standard of a reasonable person, (iii) causation (factual “but for” cause and legal scope/remoteness), and (iv) recoverable damage. The concept is defined and developed by case law. A classic formulation is that negligence is omitting what a reasonable person would do, or doing what a prudent person would not (Blyth v Birmingham Waterworks (1856) 11 Ex Ch 781). The test is objective: the

Managing clinical negligence claims for birth injuries to children: liability, consent (Montgomery), evidence and experts; cerebral palsy, brachial plexus, stillbirth and neonatal death—guidance and case law (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note outlines pragmatic points for handling such claims, then summarises frequent categories of neonatal harm arising during Delivery. The emphasis is on liability, not Quantum. The standard elements of breach of duty, causation, and damages remain engaged. See:

Clinical Negligence liability—overview
Clinical negligence damages—overview
Catastrophic claims—overview

Informed consent—Montgomery

When handling birth injury matters, you should understand Montgomery, a case concerning a baby who developed cerebral palsy after hypoxia during a protracted labour. The liability questions centred on the information provided to the mother about delivery options and their hazards. Its scope is broad and it reset the standard for disclosure during consent. In practice, this reshapes how clinicians discuss risks and alternatives with expectant mothers. For more detailed guidance on this authority and later developments, see Practice Note: Consent in clinical negligence claims—treatment and causation. In CNZ v Royal United Bath Hospitals NHS Foundation Trust, the High Court confirmed that Montgomery governs not only antenatal counselling but also choices taken in the delivery suite. Accordingly, intrapartum decisions must respect autonomy and properly inform the mother too. In CNZ, the registrar’s stance on patient autonomy was deemed overly paternalistic and led to time being squandered in debating treatment options...

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Web page updated on 21/05/2026

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