Doctor Error Birth Injury: A Legal Victory Secures Compensation for a Child’s Future
Imagine a child facing a lifetime of challenges due to cerebral palsy. This heartbreaking reality became a mother’s worst nightmare after a series of mistakes during childbirth. However, there is hope. A leading injury law firm recently secured a significant legal victory for a 10-year-old girl with cerebral palsy, ensuring she has the financial resources to navigate the complexities of her condition.
A Life Impacted by Cerebral Palsy
This young girl’s story begins with a seemingly normal pregnancy. Yet, towards the end, warning signs emerged. Her mother experienced pain and reduced fetal movement, prompting a trip to the hospital. Here, crucial delays and misinterpretations set the stage for a devastating outcome.
Missed Signs and Delays in Maternity Care
Upon arrival, the mother reported abdominal pain, backache, and reduced fetal movements – all potential indicators of distress. However, the electronic fetal heart rate (FHR) monitoring, a vital tool for assessing the baby’s well-being, was inexplicably delayed. When it finally began, the CTG (cardiotocography) scan revealed abnormalities. These included a raised baseline, concerning decelerations after contractions, and a lack of healthy accelerations – all red flags that went unheeded.
Further delays compounded the problem. A prolonged deceleration, a rising baseline, and additional late decelerations appeared on the CTG, but the midwife was absent. Precious time was lost before transferring the mother to the labor ward, where even then, continuous CTG monitoring wasn’t restarted immediately.
A Crucial Misinterpretation: Doctor Error and Missed Opportunity
With the FHR abnormalities persisting, a midwife requested a doctor’s review. Unfortunately, the attending consultant misinterpreted the pathological CTG trace, a serious error in judgment. This critical misstep masked the true urgency of the situation. Additionally, a vaginal examination and artificial rupture of the membranes (ARM) were performed, revealing thick meconium, a further sign of potential fetal distress.
The Right to Choice Denied: Failure to Offer a Cesarean Section
The presence of thick meconium alongside the abnormal CTG trace presented a clear decision point. Standard medical practice dictates that in such a scenario, the mother should be offered a choice: either an immediate cesarean section to deliver the baby or a fetal blood sampling (FBS) to gain a more precise picture of the baby’s condition. However, this crucial right to informed consent was denied.
The mother, had she been given the option, would have chosen an immediate cesarean section. This timely intervention could have prevented the permanent brain injury her baby tragically suffered.
Denials by the NHS and the Power of Legal Advocacy
The NHS’s legal team, NHS Resolution, initially denied liability. They acknowledged the misinterpretation of the CTG trace but argued that a cesarean section wouldn’t have been offered even considering the thick meconium. They contended that a fetal blood sampling (FBS) should have been performed instead, suggesting a normal result wouldn’t have prompted an earlier delivery. Furthermore, they disputed the mother’s right to choose between a cesarean section and FBS, claiming the latter wasn’t an alternative treatment but a standard protocol for such cases.
This is where a leading injury law firm stepped in, advocating for the rights of the child and her family. They meticulously refuted the NHS’s arguments, highlighting the missed opportunities and crucial delays in care.
A Turning Point: Round Table Meeting and Liability Settlement
A significant breakthrough came in the form of a round table meeting (RTM) requested by NHS Resolution. During this early-stage negotiation, the NHS accepted 67.5% responsibility for the mistakes made during childbirth. This admission of liability guarantees the child over two-thirds of the potential full value of her claim, overcoming the significant risks associated with the case.
The settlement not only acknowledges the negligence but also ensures the child receives substantial compensation to cover her lifelong care needs arising from cerebral palsy. This financial support will be vital in helping her navigate the challenges ahead.
A Beacon of Hope: Interim Payment Secures Immediate Needs
An interim payment of £250,000 was also secured. This crucial step ensures the child’s immediate needs are met while the legal team and experts work on finalizing the claim value.
This case serves as a powerful reminder of the importance of informed consent and timely intervention in childbirth. It also underscores the significance of legal representation in securing compensation for children with cerebral palsy caused by doctor error.
Claim Today – Here to Help You for Over 25 Years
If you suspect your child’s cerebral palsy was caused by medical negligence during childbirth, you don’t have to face this alone. Claim Today has a proven track record of success in securing compensation for children with cerebral palsy. Our team of experienced medical negligence lawyers will fight tirelessly to get the compensation your child
