This case concerned an alleged failure to prescribe Erythromycin in conjunction with Penicillin to reduce the risk of chorioamnionitis in the mother following PPROM (premature pre-labour rupture of the membranes). As a result of the mother developing chorioamnionitis the Claimant suffered a fetal inflammatory response and significant brain damage. The Defendant accepted that it was in breach of duty with respect to the failure to prescribe Erythromycin to the mother in accordance with the NICE Guideline once PPROM was identified, but denied (on the basis of Cochrane study evidence) that even if it had been prescribed the mother’s chorioamnionitis would have been avoided. In addition, the local guideline recommended the addition of Penicillin where GBS was isolated (as it was) but the NICE guideline did not recommend its addition. Although the Defendant did not follow its own guideline the Court held the Defendant was not in breach of the Bolam test because not giving Penicillin in such situation was in accordance with a reasonable body of medical opinion. The Judge was also able to decide causation on the balance of probabilities, and concluded that material contribution had no role to play.
Jeremy Hyam KC was instructed on behalf of the Defendant by Penelope Radcliffe at Bevan Brittan.
The full judgment is available here.
