Negligent Birth Leads to £1,100,000 in Compensation


A child has won £1,100,000 in compensation for injuries she sustained at birth and periodical payments of £14,450 per annum. The case was handled by Neil Fearn, Partner and Head of Medical Negligence at Simpson Millar LLP.

Negligent Birth Leads to £1,100,000 in Compensation

Negligent Medical Treatment

The case revolved around damages for personal injury and loss due to the alleged negligent medical treatment given to the mother of the child during birth. Monitoring both mother and child is essential to catching any signs of foetal distress during birth. If left undetected, the child is at risk of developing birth injuries that will affect them for the rest of their lives.

Neil put forward that as a result of the negligent obstetric treatment the child in our case received, she suffered an acute profound hypoxic ischemic event shortly after being delivered. An acute profound hypoxic ischemic event occurs in newborn babies when they are deprived of oxygen. It can affect the brain matter and lead to permanent damage.

Because of the negligence suffered in this case, our client was diagnosed with cerebral palsy affecting her right side, a common condition related to being deprived of oxygen at birth. She was also diagnosed with a poor memory.

The result of these conditions is that the child will find it hard to perform fully at school due to both physical and mental constraints. Supporting a child who has physical and mental disabilities can be a tough job if you lack the funding, hindering their future chances of success.

Can I Change Solicitors?

Finding the right solicitor to handle a claim on your child's behalf is the first step to making a successful claim. Originally, the girl's mother had gone to a different solicitor whom she had a legal aid arrangement with. As time went on, her legal aid funding was pulled and she subsequently entered into a conditional fee agreement (CFA) with the same solicitor. CFA's are common in medical negligence cases and you only pay for the work your solicitor has carried out if you win and receive compensation. If not and your claim is unsuccessful, you won't be left with a huge legal bill.

When the client left their previous solicitor in 2012, they came to us and we carried their case all the way to success using the information gathered by the previous solicitor and with the hard work of Neil Fearn.

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