Financial & Legal News

Hospital Negligence leads to Cerebral Palsy claim

  • Posted on

A series of medical negligence both pre and postnatally led to a significant and life-limiting cerebral palsy claim for our client for which our medical negligence solicitors recently settled for £1.6 million.

Cerebral Palsy Case

The hospital trust involved in the cerebral palsy case settled the case out of court.

Five weeks before the due date the mother had a small antepartum haemorrhage and was transferred to the delivery suite. The Cardiotocography (CTG) used to monitor the fetal heartbeat and the uterine contractions during pregnancy and labour noted some abnormalities including a heart rate that was too fast and then decreasing.

It was later recorded that the indication for caesarean section was ‘second twin dipping’.

Our client, who was a second born twin experienced problems at birth due to acute asphyxia, this lack of oxygen was not correctly monitored during the 20 minutes immediately prior to his delivery, when his condition was not being monitored by a CTG trace.

On birth, he was resuscitated and intubated.  At some point the tube became dislodged or blocked and the resulting delays led to a lack of oxygen and blood flow to the brain and consequently a disabling asphyxia brain injury.

What is birth asphyxia?

Birth asphyxia happens when a baby's brain and other organs do not get enough oxygen and nutrients before, during or right after birth.

As a result of the hospital's negligence, our client will need care for the rest of his life and has a permanent and significant disability.

His motor skills have been affected and he is unable to manage buttons or shoelaces. He needs help with dressing and needs to have his food cut up.  He also needs help with toileting and although able to walk independently his balance is poor and he tires quickly. He does also have a speech impairment and confidence issues as a result of the cerebral palsy condition.

The hospital trust initially denied liability and this case took some time to settle.  During this period our client experienced learning difficulties at school, and needed the support of a teaching assistant.

“Whilst this seems a significant award I am pleased we have achieved compensation as the Claimant’s prognosis is uncertain.  He will most certainly needs ongoing physiotherapy, as well as psychological assistance,” said medical negligence solicitor Jacqueline White.

“Moving on he will need specialist support to gain and sustain employment. Whilst his capacity for independent living is currently uncertain, he will at the very least need domestic help, adapted living conditions and ongoing support with the activities of daily living. The medical negligence compensation settlement will take this into account,” she added.

Making a medical negligence compensation can sometimes be daunting, but our specialist solicitors are here to guide you through the process and have a wide variety of experience in claims of all sizes.

“Clients come to us for a variety of reasons whether it’s to gain the compensation they need to help with injuries sustained, to make sure the same thing does not happen to others and to make sure lessons are learned, or to make sure the medical profession is accountable moving forward,” added Jacqueline.

How can we help

For legal advice on any medical negligence or hospital negligence contact our specialist solicitors at 0161 785 3500

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

Written by Jacqueline White


    How can we Help?

    Please fill in the form and we’ll get back to you as soon as we can.

    We’ll only use this information to handle your enquiry and we won’t share it with any third parties.