£3,000,000 Compensation for Medical Negligence Birth Injury

Author:
Kay Barnes
Partner, Medical Negligence Solicitor
Date:
15/04/2019

A Medical Negligence Case Study - Client Situation

Our client contacted our Medical Negligence Solicitors on behalf of her child, as she believed medical mistakes had been made throughout the delivery of her son. She told us she considered her labour had been unnecessarily delayed, which caused brain damage and Cerebral Palsy.

Her son was left with life-changing injuries, including life-long mobility issues and severe learning difficulties, enough to ensure that he would never be able to live independently. The severity of his birth injuries affected the whole family, so they contacted our Medical Negligence Solicitors, who specialise in birth injury claims, to see if we could help them.

How We Helped

After taking on the case, we started our investigation by obtaining the client’s medical records. These were subsequently examined by medical experts in areas such as obstetrics, neonatology and neuroradiology, to establish if the care provided was acceptable.

The expert reports concluded it was not, that the care administered had been negligent and substandard, and that this had caused the child’s Cerebral Palsy.

Once a case was established, our Medical Negligence Solicitors sent a Letter of Claim to the Hospital Trust setting out the basis on which it was considered the care had been negligent and what birth injuries and loss had been suffered as a consequence. Initially, the Hospital Trust responded by denying liability, thereby forcing Court proceedings to be issued.

Further evidence was obtained from experts in the fields of nursing care, occupational therapy, physiotherapy and speech and language therapy to assess and quantify the child’s present and long-term needs.

The case was finally settled successfully when our Medical Negligence Solicitors and the Hospital Trust met to discuss the case in a Round Table Meeting.

The Outcome

Our client was awarded damages of around £3,000,000 compensation which was approved by the Court at an Infant Settlement Approval Hearing. This amount of compensation included an interim payment of damages in the sum of £510,000.

This interim payment proved to be a significant help to the family, as it helped to fund much-needed support for the child and the family whilst the litigation and case was brought to a conclusion. This was a life-changing award, and means the child can have access to the very best care and treatment to ensure his future needs are met.

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