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Pauline McKenzie V. Fife Acute Hospitals NHS Trust [2006] CSOH 63


Kyle McKenzie (12) suffered from cerebral palsy which was caused by events at his birth in 1994. The proof here related solely to the timing of the events that caused that condition the defenders having lodged a Minute of Admission of Liability in the terms:- "...the defenders hereby admit liability to make reparation to the pursuer, as guardian for Kyle McKenzie, for any loss, injury and damage sustained by Kyle McKenzie as a result of his not being born by 2140 hours on 25 February 1994". The pursuer's contention was that if Kyle had been delivered two hours before he was, he would not have suffered the cerebral palsy from which he has suffered since birth. The defenders' contention was that the damage to Kyle's brain was caused by an undetected event several hours before his birth and, in particular, before 2000 hours thus the admitted negligence of the defenders' employee did not cause him to suffer the injury that has caused his cerebral palsy.