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

Maternal injury claims arising from labour and delivery: clinical negligence, Montgomery consent, records and investigations, guidelines and experts, perineal and uterine complications, anaesthesia and psychiatric harm, causation and damages

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note opens with a reminder of Montgomery’s significance, followed by a review of the practical issues in managing these claims. It also summarises frequent maternal injuries associated with childbirth. For general information on breach of duty and Causation, see Clinical Negligence liability—overview, and for additional guidance on Damages in clinical negligence claims, see Clinical negligence damages—overview.

Informed consent—Montgomery

An increasingly prominent feature of maternity claims is the adequacy of information given about options for labour and Delivery. The Supreme Court’s decision in Montgomery examined this and the law, along with clinical practice, continues to develop. Stay current with related case law and any amendments to national and local guidance on what mothers ought to be told. This extends, among other things, to choices such as attempting a vaginal birth after a caesarean section (CS). In CNZ, the High Court confirmed that Montgomery was concerned not solely with antenatal consultations, but also with decisions taken in the delivery room. In CNZ, the registrar’s stance on patient choice was judged overly paternalistic, which led to unnecessary time being spent discussing treatment options with the on-call consultant. These principles apply both before birth and during intrapartum decision-making by clinicians as well...

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Web page updated on 21/05/2026

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