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THE Privy Council has upheld a Court of Appeal ruling that found an obstetrician negligent for failing to ensure foetal heart rate monitoring during a delayed emergency caesarean section that led to catastrophic brain injuries at birth.

The case arose from a claim brought by Nicole Singh, mother of Christopher Singh, over injuries Christopher suffered during delivery by emergency caesarean section at St Augustine Private Hospital. Christopher was born at 11.13 am on September 9, 2012, after prolonged oxygen deprivation and was later diagnosed with severe cerebral palsy, leaving him unable to walk, talk, sit, or stand independently. He continues to suffer from severe physical impairment and is non-verbal.

At trial, Justice Betsy Ann Lambert Peterson found the hospital negligent for systemic failures that caused delays in carrying out the caesarean section, including late contact with an anaesthetist and the absence of a theatre assistant. Those delays were found to have caused Christopher’s injuries. The hospital’s appeal was dismissed, and liability against it was not in dispute before the Privy Council.