£3,800,000 Compensation Award in Childbirth Cerebral Palsy Case

Author:
Kay Barnes
Partner, Medical Negligence Solicitor
Date:
02/07/2019

A Medical Negligence Case Study - Client Situation

The mother of a newborn baby boy believed the treatment and care she received at Wrightington, Wigan and Leigh NHS Foundation Trust was negligent during the course of the pregnancy, labour and delivery, and that the injuries arising out of medical negligence had caused her child’s Cerebral Palsy.

Her son was left with life-changing injuries involving life-long mobility issues, severe behavioural problems and will never be able to live independently.

How We Helped

The baby’s mother got in touch with our Medical Negligence Solicitors, and after taking on the case, we carried out a thorough investigation. The first stage involved obtaining the client’s medical records and having reports prepared by independent medical experts in obstetrics, midwifery, neonatology, neurology and neuroradiology.

The medical experts examined whether the care provided was acceptable, if medical errors were made and whether care fell below the minimum standard required, as well as whether those errors caused our client’s child to suffer Cerebral Palsy in childbirth. The medical expert reports concluded that the care had been negligent and that it had caused the child’s Cerebral Palsy.

Once all the necessary reports were prepared, a conference was held with a Barrister instructed for the child claimant to clarify matters, which determined that the case had sufficient prospects of success to take further.

A Letter of Claim was drafted and sent to the Wrightington, Wigan and Leigh NHS Foundation Trust, setting out the basis on which it was considered that the care had been negligent and what injuries and loss had been suffered as a consequence.

At first, the Trust denied liability, which meant Court proceedings had to be issued. Due to the complexity of the evidence, the claim was allocated to multi-track by the Royal Courts of Justice, and an initial Case Management Hearing took place to set the timetable of all steps up to Trial.

Statements were obtained from the baby’s mother and father and after exchange of medical expert reports with the Trust, the case was listed for a Trial. Further evidence was required from experts in the fields of care, occupational therapy, accommodation, physiotherapy, speech and language therapy, assistive technology and educational psychology who assessed and quantified the client’s present and future needs for the child.

The Outcome

The case was finally settled successfully before it reached Trial when the legal representatives of the client and the Trust met to discuss the case and negotiated an amicable settlement.

Once liability was admitted by Wrightington, Wigan and Leigh NHS Foundation Trust, three Interim Payments of compensation were made to our client of £100,000, £60,000 and £50,000 respectively, which could be used to provide the child with much-needed care and support.

The child’s injuries were extensive and final investigations and negotiations resulted in the Court awarding damages of £3,825,000 with periodical payments starting at £89,000 per year, rising to £140,000 as the child’s needs increase with age.

See all Medical Negligence Case Studies.

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