£120,000 Compensation Awarded in Hospital Negligence Case


A Hospital Negligence Claim Case Study - Client Situation

Medical staff at a hospital failed to detect a major heart problem in one of our client’s babies while she was pregnant with twins.

Given the nature and severity of the defect, medical staff would normally have proposed terminating the pregnancy in the case of the affected twin. However, as the congenital cardiac defect hadn’t been detected early enough in the pregnancy, the mother had to undergo an extended labour and an unnecessary second delivery.

Our client and her partner received no counselling, nor any warning, of probable difficulties. When their baby collapsed and needed cardiac resuscitation following delivery, clinical staff warned them there was little hope of survival, causing the parents significant psychological shock and distress.

Besides the anguish of the wrongful birth, both parents suffered significant financial loss, and will continue to do so as they care for their disabled child.

How We Helped

The baby’s parents contacted our team of Medical Negligence Solicitors, as they believed the hospital that cared for the mother throughout her pregnancy and delivery had failed to provide the expected standard of care.

Our Medical Negligence Solicitors agreed to take on their case, and in presenting the case argued that an accurate diagnosis of this exceptionally severe heart defect should have been made during the pregnancy. Our Solicitors also argued that given the severity of the defect and the complications this could cause, the family would have made the difficult choice to terminate the pregnancy of the affected twin, had they been given the option to do so.

Looking after the disabled infant, whose survival prospects are uncertain, has taken over almost every aspect of the parents’ lives, and has also had a knock-on effect for the healthy twin.

The medical negligence in hospital also had a considerable financial impact on the family. For example, the mother had previously been the main breadwinner in the house and would otherwise have returned to work. However, she was unable to do so due to her child’s ill health.

Our Solicitors sent a Letter of Claim to the Hospital Trust and it was subsequently admitted that a congenital heart defect should have been identified during ante-natal scanning. It was accepted that that under normal circumstances this would have led to a specialist referral and then a diagnosis.

The Outcome

After lengthy negotiations, the Hospital Trust offered a compensation settlement of £120,000 which was accepted by the family.

For additional childbirth case studies, see Birth Injury Claims.

For free legal advice call our Medical Negligence Solicitors

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