The claimant, a boy now aged five, was expected to be a big baby. At 41 weeks, the mother was admitted to hospital for induction of labour, but her baby was delivered by emergency caesarean section following pathological CTGs, reduced fetal movements and the presence of meconium stained liquor.
Despite this, the claimant did not require resuscitation and was reportedly feeding well upon discharge. However, the mother was given no guidance about feeding her baby following discharge and was unsure if he was being fed properly.
A community midwife visited them at home two days after his birth and noted he was displaying strange jerking movements and eventually advised they go to hospital. Upon arrival, it was suspected he was suffering from seizures and an MRI found bilateral lobe damage, as a result of hypoglycaemia.
The allegation of negligence was brought forward in proceedings, focusing on the Trust's failure to advise the mother about feeding following discharge from hospital and delays in the community nurse advising the mother to attend hospital having seen the baby's unusual movements, and a delay in promptly treating him at hospital.
The Trust admitted that there had been inadequate discussions with the mother before discharge to assure she understood how to correctly breastfeed. However, they argued that the home midwife did not recommend the baby be taken to hospital sooner and thus receive earlier treatment due to the mother not alerting her sooner.
At a meeting, the parties agreed that the claimant would receive 85% of his damages to be assessed.
The claimant has epilepsy and severe cognitive and behavioural difficulties and will require lifelong 24/7 care.
An interim payment on account of damages is supporting him with his immediate needs while his lifelong needs are investigated.
The family said:
"Achieving a liability settlement for our son to support his complex needs is a great relief for our family. We appreciate the expertise and support of Jane and her team, thank you so much,"
- You can speak to our medical negligence solicitors on freephone 0800 358 3848
- email us: email@example.com
- Complete the short online enquiry form
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.
Sign up to our email digest