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Legal action proves girl would not have suffered cerebral palsy if delivery was just 21 minutes earlier

We were instructed by the parents of a girl who was born with brain damage leading to the neurological condition cerebral palsy which significantly affects her movement and
co-ordination.

Her parents wanted to understand how this had happened believing that it was entirely preventable. Our investigations found that during their daughter’s birth, medical staff had administered excessive amounts of a labour inducing stimulant.

We also found that a CTG trace taken of the baby’s heart rate during the later stages of the labour had shown a slow heart rate which should have prompted the midwife to seek additional medical assistance as a matter of urgency.

Medical notes taken at the time also detailed that the baby’s shoulder was obstructing the labour providing another strong indicator which should have prompted additional medical assistance being sought and an earlier delivery being progressed.

With the help of no less than four independent medical experts who considered the CTG trace and the medical care provided during the birth, we proved that had the midwife responded appropriately and reacted urgently to the evidence showing that the baby had a slow heart rate, our client’s daughter would have been born 21 minutes earlier.

Medical experts confirmed that the difference of just a few minutes would have resulted in the baby making a full recovery with no lasting injuries at all.

Now aged 12, our client’s daughter will need care for the rest of her life and, as a result of the medical negligence, has been left with a number of physical and mental problems.

Rather than being born perfectly healthy, she suffers with significant disabilities including:

  • involuntary muscle spasms
  • over responsive reflexes
  • a stammer when she talks
  • the risk of long term orthopaedic problems
  • unstable movement making simple tasks such as climbing stairs very difficult
  • she is also likely to lack mental capacity until she turns 25

We won the claim of medical negligence against the NHS Trust involved securing a significant seven figure sum. Working with our Court of Protection team, she now has a Personal Injury Trust in place to ensure that the large settlement secured will be protected.

We carefully calculated how much she was entitled to in order to meet the cost of her lifelong care needs as a result of her entirely preventable cerebral palsy.

The cerebral palsy compensation secured will cover the following:

  • the pain, suffering and loss of amenity due to the medical negligence
  • past care costs incurred up to the time that the settlement was secured
  • round the clock support for life
  • taking into consideration that she may have children of her own in the future, potential childcare costs were included as she would require significant support with this
  • future aid and equipment
  • loss of future earnings
  • assistive technology
  • therapy including: speech and language; physiotherapy; psychotherapy; podiatry and occupational therapy
  • future holidays and travel
  • tuition fees

It is estimated that 1 in 400 babies are diagnosed with cerebral palsy in the UK with 30,000 children and 111,000 people currently living with the condition.

If your child has cerebral palsy and you believe that this was caused by medical negligence, contact a member of our team for a free initial consultation on 0800 085 3295. Alternatively, contact us with details of your potential medical negligence claim by email at clinnegenquiries@lindermyers.co.uk.

Find out more about our Medical Negligence department
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