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| TITLE | Supreme Court Decision 2006Da79520 Decided May 27, 2010 [Damages] [full Text] |
|---|---|
| Summary | |
| [1] The duty of care borne by a midwife during the course of childbirth [2] The case holding that, in a case where a newborn infant born under the charge of a midwife became afflicted with cerebral palsy, there was malpractice on the part of the midwife for failing to utilize the opportunity to take emergency measures by delaying to report abnormal signs discovered during birth, such as meconium staining, and not carrying out even CPR measures within her scope of ability, such as using an oxygen mask and Ambu bag to perform artificial respiration [3] When it can be presumed that cerebral palsy has been caused by hypoxic iscemic brain damage during childbirth [4] The case holding that the cerebral palsy of a newborn infant can be presumed as have been caused by hypoxic brain damage due to malpractice on the part of the midwife | |
