We settled an obstetrics negligence compensation claim for Gillian who's daughter was still born at Garden Hospital following a failure to speed up delivery. Gillian accepted £160,000 compensation for the hospital's medical negligence.
Gillian became pregnant for the first time in September 1988.
On 14 May 1989, she suffered a spontaneous rupture of membranes and was admitted to the Garden Hospital in London. The first stage of the labour was prolonged. The second stage of labour lasted at least 5 hours and the defendant made no attempt to intervene and expedite delivery. The defendant also failed to monitor the fetus. Gillian's baby girl was stillborn on 15 May 1989.
Following the stillbirth, Gillian became severely depressed and suicidal.
A few months later Gillian was diagnosed with advanced breast cancer. She was successfully treated with a radical mastectomy, local radiotherapy and chemotherapy and advised to refrain from further pregnancies for at least 3 years.
Five years later in 1994, Gillian became pregnant for the second time. She developed cancer in her other breast during the pregnancy and underwent a second mastectomy. Her baby daughter was delivered by Caesarean section 3 weeks later. The little girl was subsequently diagnosed with cystic fibrosis.
In January 1996 we received instructions to act on Gillian's behalf in a birth injury claim relating to the stillborn birth of her daughter in 1989.
Proceedings were issued immediately, as the primary limitation period had expired approximately 4 years earlier. A trial on limitation as a preliminary issue was fixed for 22 May 1997. Following exchange of affidavit evidence, the defendant accepted that limitation should not be contested. Shortly afterwards an admission of liability was made and judgment entered.
The claim included care for Gillian’s daughter. Pathological examination had confirmed that the stillborn infant would not have had cystic fibrosis. A claim was made for additional care required for bringing up a child with this condition.
A payment into court of £160,000 was made shortly before trial which Gillian accepted.
- You can speak to our medical negligence lawyers on freephone 0800 358 3848
- e-Mail us at firstname.lastname@example.org
- Complete our short enquiry form
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
Fieldfisher attends AvMA's 30th Annual Clinical Negligence Conference
AvMA (Action against Medical Accidents) held its 30th Annual Clinical Negligence Conference on 29 and 30 June 2018.
Becky Tyler cerebral palsy settlement: 'I'm angry about what happened to my brain'
Following an approval hearing last week for an interim settlement agreed with Surrey and Sussex Healthcare NHS Trust, 15-year old Becky Tyler spoke out on the BBC about what it is like living with cerebral palsy.
Jane Weakley interviewed on the Victoria Derbyshire Show alongside her client Becky Tyler
Jane, her client Becky and Becky's mother Fiona were interviewed on the BBC programme Victoria Derbyshire.