Re FM (A Child: fractures: bone density)  EWFC B26 – Recent judgment of the DFJ HHJ Bellamy
Please find attached the judgment of HHJ Bellamy in Re FM (A Child: fractures: bone density)  EWFC B26 handed down on 12th March 2015.
The case involved a child who had sustained a fracture to the left and to the right distal tibia. The case involved some disagreement between the medical experts as to whether the child was predisposed to bone fragility. After hearing the evidence of the medical experts, the judge could not be satisfied on the balance of probabilities that the child’s injuries were non-accidental injuries.
The case provides a very helpful overview of the legal issues to be determined when considering alleged non-accidental injuries and the approach to be adopted. The judge also cited the case of Re L and M (Children)  EWHC 1569 and the principles set out by Baker J to assist when considering cases of alleged non-accidental injury.