There was substandard failure to recognise the baby was in foetal distress and a subsequent delay in taking his mother into theatre for a Caesarean delivery, by which time P's head had become severely impacted into L's pelvis. This was not recognised by the operating obstetrician before he made the incision to extract P and the baby then became "stuck" in the birth canal.
The main cause for P's injuries were physical trauma caused by force applied in trying to extract him resulting in skull fractures, brain haemorrhages and spinal injuries and, in turn, hypoxic-ischaemic neurological damage. He has cerebral palsy as a result.
His mother also suffered significant injury with the attempts to remove her baby, triggering a massive haemorrhage and three cardiac arrests. She sustained mild brain damage, vascular injury, gynaecological injuries and severe psychological trauma. The father witnessed it all and sustained a severe PTSD injury, causing the loss of his job in a leading Accountancy firm.
Caron Heyes and Jamie Green pursued claims for all three Claimants. The baby's and his mother's cases were admitted after serving a letter of claim, but the father's claim was defended to the point of exchange of expert evidence. The quantification of the cases was hard fought and there was extensive argument over life expectancy for P, his care needs and accommodation. For the mother and father, arguments focused on their residual capacity to work.
Following settlement, the parents said:
"We are relieved that the litigation process has concluded… No amount of money can make up for the lost years, trauma and grief inflicted upon us by the Trust’s mismanagement... Caron and the team are awesome, give great advice and are open and honest"
For further information about birth injury claims or medical negligence claims, please call Caron Heyes on 03304606743 or email firstname.lastname@example.org or please call Jamie Green on 0330 460 6771 or email Jamie.Green@fieldfisher.com .
- You can speak to our medical negligence lawyers on freephone 0800 358 3848
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All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.
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