John Whitting QC appeared for the Defendant Trust in Ali v Pennine Acute Hospitals NHS Trust .
Ismael Ali was born with a congenital malrotation of the bowel. This was not diagnosed until he was four days old. He underwent two laparotomies but was left with short gut syndrome and liver disease associated with intestinal failure. He alleged that he had shown signs and symptoms of malrotation between the time of his delivery at the Defendant Hospital and his discharge home the following day. Specifically, it was said that he had repeatedly vomited copious amounts of brown and/or green fluid which the midwifery and paediatric staff had failed to act upon.
It was agreed that had he done so, it should have been noted by the Defendant staff and an urgent referral made to the paediatric surgical team and that had such a referral been made at any time prior to discharge, he would have made a complete recovery from surgery and suffered no long term complications.
The Court heard from Ismael’s parents and aunt and from five midwives from the Trust. It found in the Defendant’s favour. It rejected the Claimant’s factual evidence on the basis that it could not be correlated with contemporaneous and undisputed blood sugar readings and was inconsistent with the contemporaneous notes which had no record of vomiting of either significant amounts or unusual colour. The claim was therefore dismissed.