Personal injury advice from
Thompsons Solicitors
Substantial Settlement in Cerebral Palsy Case
24th June 2009
The family of a child left with cerebral palsy due to clinical negligence during her birth have received a compensation settlement in excess of £4.5m in a personal injury case handled by our expert personal injury lawyers.
Birth Injury
Despite a normal pregnancy, when our client was born it was clear that something was wrong and she was transferred to a special care baby unit. She went on to be diagnosed with cerebral palsy caused by birth asphyxia, simply put, a lack of oxygen during her birth.
She has impaired speech, significant learning impairment and considerable postural difficulties because of her condition and will require ongoing care, adapted accommodation, treatment and therapy throughout her life.
Clinical Negligence Claim
Our client’s family felt that her birth injury was caused by medical negligence and instructed our lawyers, who have extensive experience in cerebral palsy cases, to handle a claim against the hospital trust on her behalf.
The hospital that our client was delivered at had only been open a matter of days and, when her mother arrived, equipment was not readily available and there were delays in her being examined. The printouts showing the trace of the baby’s heartbeat, a way of monitoring her condition during the labour and delivery, were also lost shortly after the birth. This would have given clearer information as to whether her condition was notably deteriorating and if earlier efforts should have been made to speed her delivery.
Initially, liability was denied. The defendants relied upon the midwives and a doctor present at the birth stating that the trace was normal. The consultant in charge however was of the view that this was very unlikely, given the poor condition of the client at birth, and that there must have been some signs of a problem. The case was complex and difficult, however with the benefit of our lawyers’ experience and access to experts, together with a thorough investigation, it was possible to pursue it.
Compensation and Interim Payment
Our lawyers were able to obtain an interim payment during the course of the case so that the claimant and her family could move to bungalow accommodation.
The clinical negligence claim was eventually successful and a settlement of over £4.5m in damages was recovered. This sum was to cover the costs of care, therapy, treatment, accommodation and equipment throughout our client’s lifetime and also her loss of future earnings and the pain and suffering caused by her disability.
Birth Injury Claim Advice
If you or a member of your family has suffered a birth injury caused by medical negligence, you may be entitled to make a personal injury claim.
Contact The Legal Line for expert, confidential advice on 0800 0328511, or by completing a claim enquiry form online.
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