Montgomery v Lanarkshire Health Board [2015]

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Facts:

• Mrs Montgomery was a diabetic woman, and therefore likely to have a large baby.
• The hospital was aware of this throughout her pregnancy.
• There is a 9-10% chance of shoulder dystocia (shoulders being too wide to pass through the pelvis).
• Usually women opt for a caesarean section but this was not discussed with Mrs Montgomery.
• During delivery shoulder dystocia occurred and the baby was born with severe disabilities.
• Mrs Montgomery is claiming a breach of duty because the doctor negligently failed to warn her of the risks involved with vaginal birth.

Problems:

• Was the doctor negligent when they didn’t make Mrs Montgomery aware of the risks involved?
• Should Mrs Montgomery have been able to choose how her baby was delivered when presented with the facts?

Decision:

• The courts found that the doctor was negligent.
• Mrs Montgomery should have been made aware of other options available to her.
• Courts found that had the breach of duty not occurred and a caesarean section was executed, the child would have been born free of any disabilities.