Baby suffers a severe brain injury due to midwife error
Introduction
Our client, baby K was 5 days overdue and was born with the umbilical cord wrapped around her neck. During labour her mother had a prolonged period of pushing and it was evident that there was difficulty in progressing with the delivery.
The midwife involved had failed to follow hospital procedures and guidelines and failed to call for assistance after 1 hour of pushing.
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While no amount of compensation will ever be enough for your or a loved one’s suffering, we can help you through the legal process for investigating your concerns against a healthcare professional and your negligence claim if there is one.
We will do this by providing legal representation on a no-win-no-fee basis to investigate what happened, help you get some answers and help to secure compensation which you may be entitled to.
The Injury
Baby K suffered from a lack of oxygen and blood flow to the brain and sustained brain damage as a result. She was diagnosed with bilateral cerebral palsy with a mixed spastic dystonic tone disorder together with evidence of overall developmental delay and epilepsy. It was expected that she would be wheelchair dependent and remain wholly dependent in every aspect of daily life.
Concerns about an injury at birth?
How can MDS help you?
In the case of child who has suffered a severe disability such as baby K, we will carry out the necessary investigations not only to prove the case for negligence but also investigations known as quantum investigations to enable past and future losses to be valued. These will include for example, care and support, accommodation, vital aids and equipment, therapies, travel and transport, loss of earnings, rehabilitation etc. Each individual’s needs will differ, and these differences will all be taken into account.
While no amount of compensation will ever be enough for your or a family member’s suffering, if you or a loved one has been affected by healthcare negligence, we can help you through the legal process for investigating your concerns against a healthcare professional and your negligence claim if there is one.
We will do this by providing legal representation on a no-win-no-fee basis to investigate what happened, help you get some answers, help you secure compensation, help seek justice for you and help to secure your or your loved one’s future.
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Our specialist investigations
Baby K's case, which was supported by expert evidence, was that there were a number of missed opportunities for her earlier delivery. If she had been delivered earlier, she would have been born without brain injury.
There were concerns about delays in the immediate neonatal period. Despite problems during delivery, paediatric assistance had not been summoned by the midwife in readiness for the birth. This caused additional delay while appropriate assistance arrived.
Baby K suffered from a lack of oxygen during delivery and because of the additional delay waiting for a paediatrician, this added to the period of hypoxia, all of which led to her suffering brain damage.
The outcome for our client – Initial denial of liability
The hospital accepted that there were shortcomings in the care but initially denied that they caused the brain damage.
After further evidence was provided, the hospital agreed to try and settle the case.
Sadly, within a few weeks of this being done, Baby K, very unexpectedly passed away. It was accepted that her death was linked to her cerebral palsy and that cerebral palsy was a contributory factor in her death.
After some considerable negotiation, the hospital’s solicitors settled the claim for a 6-figure sum. Had she lived, the hospital would have been responsible for, amongst other things, the care and equipment and therapies which would have been required throughout her life.
Disclaimer
Whilst our case studies are designed to give an indication of the outcomes that can be achieved in these circumstances, the compensation awarded in individual cases can vary significantly due to a range of factors, including the severity of injury, effects on life expectancy and financial impact, for example. For more information, contact us today.
Our Approach
We will support you, guide you and be your voice throughout.
If you are concerned about the medical treatment that you or a loved one has received, please contact us and one of our specialist team will assist you.
