£12,000,000 Compensation in Midwifery Negligence Case

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A Medical Negligence Claim Case Study - Client Situation

An infant was delivered by midwives from University College London Hospitals NHS Foundation Trust at the mother’s home. Tragically, mistakes were made throughout the delivery, which led to the child being born with brain damage.

The baby boy was diagnosed with microcephaly, developmental delay and dystonic cerebral palsy, as well as attention deficit hyperactivity disorder (ADHD). As a result, the child will never be able to work and will require care for the rest of his life.

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How We Helped

The child’s family got in touch with our specialist Medical Negligence Solicitors for help with claiming compensation from University College London Hospitals Trust NHS Foundation Trust.

We agreed to take on the case, as we believed there was a good chance of success. We obtained medical evidence from independent experts, which allowed us to build our case. We alleged that there was a failure by midwifery staff attending the home birth to recognise the warning signs of shoulder dystocia (where the baby’s shoulder gets caught on the mother’s pelvic bone) and to act upon them.

As they did not identify that something was wrong, the midwives failed to instigate the recommended manoeuvres in the management of shoulder dystocia and they did not recognise the need to bring in urgent medical support. This meant an emergency ambulance was not called as soon as it should have been.

We also argued that, shortly after the baby’s birth, midwifery staff were further negligent in that they failed to properly resuscitate the baby, and they did not provide a working oxygen cylinder at his home.

As the medical negligence left the child with severe brain damage that would seriously affect him for life, our Medical Negligence Solicitors argued that the University College London Hospitals NHS Foundation Trust should pay sufficient compensation to allow him access the care and support he would need throughout his lifetime.

The Outcome

After lengthy negotiations, University College London Hospitals NHS Foundation Trust agreed to pay compensation to the child.

He was awarded a lump sum payment of £3,600,000 compensation and will receive annual payments for the rest of his life. This means the total amount of damages awarded will be in excess of £12,000,000.

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