Clinical Risk > Volume 14, Number 2 > Pp. 54-58

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Trial of forceps – legal aspects

Martin Spencer, QC

Email: Martin.SpencerQC{at}hailshamchambers.com

Where an obstetrician attempts a forceps delivery on the labour ward, rather than as a ‘Trial of Instrumental Delivery’ in theatre with the mother fully prepared for Caesarean section, he will have the burden of justifying his actions where he fails to deliver the baby, precipitates an acute bradycardia and is unable to deliver by Caesarean section before permanent brain damage ensues. The Bolitho test will apply to experts judging the question: was the Obstetrician's decision defensible having regard to the comparative risks and benefits? See Kingsberry [2005] EWHC (QB) 2253. Even where an obstetrician correctly decides to carry out a Trial of Operative Delivery, in theatre, he must not delay unreasonably in converting to Caesarean section when an acute bradycardia is precipitated. He should bear in mind the ‘10-minute rule’: Purver v Winchester & Eastleigh NHS Trust [2007] LS Law Med 193.

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