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ARTICLE · 05 MARCH 2020

Guidelines, Not Tramlines! The Interplay Between NICE Guidelines And Clinical Judgement

DAC Beachcroft LLP
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In this briefing we analyse the recent case of Sanderson v. Guy's and St Thomas' NHS Foundation Trust [2020] EWHC 20 (QB), in which the High Court grappled with an important...

United KingdomLitigation, Mediation & Arbitration
Rachel Roberts-Jenkins
Rachel Roberts-Jenkins
Stuart Keyden
Stuart Keyden

In this briefing we analyse the recent case of Sanderson v. Guy's and St Thomas' NHS Foundation Trust [2020] EWHC 20 (QB), in which the High Court grappled with an important issue around the application of NICE Guidelines, and re-emphasised the importance of clinical judgment.

What happened in Sanderson?

Sanderson was a birth injury case arising out of Ashley Sanderson's birth on 26 February 2002. Unfortunately Ashley experienced a period of hypoxia before her birth causing cerebral palsy and severe associated disabilities.

It was alleged that the obstetric staff acted negligently in the second stage of labour by: (1) performing a fetal blood sample (rather than proceeding to immediate and urgent instrumental delivery) in the face of what were alleged to have been prolonged decelerations evident on the CTG; and (2) once it was recognised that the Claimant did in fact need to be delivered as soon as possible, taking too long to commence the Claimant's

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