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Case Study

Mid Cheshire NHS Trust admits liability for failing to consider elective caesarean

Lindsay Holt has requested judgment against Mid Cheshire Hospitals NHS Trust, on behalf of her client, Alex*, who suffers cerebral palsy following a traumatic birth. The Trust has admitted liability.

Alex's mother was large for dates during pregnancy but was nonetheless considered suitable for a home birth. Labour began at home, but, due to failure to progress, the mother was eventually transferred to the defendant's hospital.  Despite agreeing to a caesarean section, the decision was overruled by another consultant who considered that instrumental delivery should take place with ventouse. Alex was eventually delivered after seven pulls.

Alex was born in poor condition due to shoulder dystocia and required resuscitation, intubation and transfer to a specialist neonatal unit for cooling. He suffered brachial plexus injury (Erb's palsy) and hypoxic ischaemic brain damage due to the defendant's negligence and has been left with dyskinetic cerebral palsy.

Alex has impaired motor skills and has been left with moderate to severe learning difficulty, speech and language difficulty, behavioural problems and epilepsy. He will always require 24-hour care and adapted accommodation, aids and equipment.

The defendant has already made a number of substantial interim payments, enabling Alex to engage a support team of therapists and purchase aids and equipment. The case proceeds on valuation.

*name change

Contact us

For further information about cerebral palsy claims and birth injury claims, please call Lindsay Holt on 0330 460 6789 or email lindsay.holt@fieldfisher.com.

Alternatively

All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee. Find out more about no win no fee claims.

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