Bull and Another v Devon Area Health Authority

(1993) 4 Med LR 117

COURT OF APPEAL

Lord Justice SLADE, Lord Justice DILLON, and Lord Justice MUSTILL

Hospital — Negligence — Organisation and delivery of maternity services — Area health authority — Premature birth — Uniovular twins — Delay in delivery of second twin — Resultant anoxia (asphyxia) of second twin — Profound mental disability with spastic quadriplegia — Whether health authority negligent in provision of maternity services — Whether trial judge was correct to apply res ipsa loquitur principle — Limitation period — Considerable delay in bringing action on behalf of second plaintiff — Whether trial judge attached sufficient weight to delay of second plaintiff's action — Whether defendant health authority prejudiced — Evidence — Trial judge's discretion — Preference of testimony of one expert medical witness over others — Whether Court of Appeal could, without hearing those witnesses, substitute its own interpretation of evidence and thus interfere with trial judge's discretion