Arti Shah successfully settled a case in April 2018 on behalf of the family of Sebastian Harrold, who was born with severe brain injury at Nottingham City Hospital in November 2015 and sadly died at just seven weeks' old.
Arti was instructed to investigate a claim into Sebastian's death following a delay in delivery. The hospital's own internal investigation concluded that it had provided "sub-optimal care" and, critically, that different management could have made a difference to the outcome. The Coroner opened an Inquest into Sebastian's death.
The Trust failed to respond to our invitation for early admission of liability to reduce the costs, so Arti obtained expert evidence from a midwife, obstetrician, neonatologist and paediatric neurologist to deal with breach of duty and causation. All four experts agreed that there had been shortcomings in care.
A crucial section of the CTG records, available for the purposes of the investigation, went missing at the time of disclosure. This was acknowledged by the Trust. Further, there were concerns regarding:
- The repeated administration of Syntocinon without consent, a drug used to speed up labour
- The failure to listen to Sebastian's mother's repeated requests for a Caesarean section
Arti represented the family at an Inquest in February 2017. The Coroner delivered a narrative verdict, commenting that Sebastian "should have been delivered earlier, and if he had been, it is likely that he would have avoided the final period of severe hypoxia…….In those circumstances, it is likely that he would have been born healthy". The Coroner also concluded that it was this brain injury that made him susceptible to infection that caused his death.
Despite this, no admission of liability was received for a further five months and the family has never received an apology. A low offer of settlement was made but in January 2018, Arti served a comprehensive schedule of loss and the case was finally settled in April for almost double the original offer.
In March 2017 NHS England published National Guidance on Learning from Deaths. It recognised that there was a "variation" in dealing with "unexpected" deaths, including how this is defined, when investigations are triggered, and how they are reviewed at internal meetings and further communicated to bereaved parents.
"Sadly, this seems to be the norm in my experience – I have been instructed in 3 similar cases following Sebastian's death, including a further case at Nottingham City Hospital. It is worrying that lessons are not being learned, and earlier admissions and apologies are not offered, which could make all the difference in alleviating parents' grief."
Photo © Oxymoron (cc-by-sa/2.0)
- You can speak to our medical negligence solicitors on freephone 0800 358 3848
- e-Mail them at firstname.lastname@example.org
- Complete the short enquiry form
All enquiries are completely free of charge and they will investigate all funding options for you including no win, no fee.
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
Full investigation into death of disabled woman who had all her teeth removed by doctors
Following submissions from the family, the coroner has agreed to fully investigate the death of a disabled woman who died last November after all her teeth were removed at Kidderminster Hospital.
Hugely successful case management day focuses on best practices for clients
Partners Jane Weakley and Anna Bond spoke at a well-attended case management day this week about collaborative working practices to achieve the best outcome for clients.
New NHS sepsis guidelines will prompt earlier diagnosis and save lives
Following a huge amount of work by the UK Sepsis Trust, in conjunction with the Royal College of Physicians and NHS England, new treatment protocols for suspected sepsis have been issued by NHS England.
Six figure settlement in missed diagnosis of DVT in A&E at Kingston Hospital
Arti Shah has secured a six-figure settlement for Mahadeva Mahindan after a missed diagnosis of his wife's DVT leading to brain damage and subsequent death.
Bridget Collier leads Fieldfisher sponsored walk for Greater Manchester Asbestos Victim Support Group Charity
Fieldfisher represents parents of Yousef Al-Kharboush who died in ITH Pharma contaminated baby feed case