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Delayed Delivery Leaves Girl With Cerebral Palsy

Medical negligence experts from Irwin Mitchell helped a family to make a compensation claim against an NHS Trust after medical errors left a girl with cerebral palsy.

Mrs X was admitted to hospital towards the end of her labour. Her baby was in the breech position and it was agreed by doctors that a caesarean section should be carried out as soon as Mrs X went into labour.

Mrs X told midwives three times during the night that she was having contractions. No caesarean section was carried out and Mrs X was left in her bed. The following morning a CTG scan found that the baby was in distress and she was delivered by emergency caesarean section. Sadly the child was in a poor condition and now has cerebral palsy and severe learning difficulties.

Specialist medical claims lawyers at Irwin Mitchell helped the family to take action against the NHS Trust. It was found that Mrs X's medical records made no reference to her complaints about contractions and the notes recorded that she was sleeping.

Lawyers issued court proceedings but the Trust insisted that Debbie had slept through the night and made no complaints to midwives. The midwife responsible for Mrs X's care made a witness statement that backed up this claim.

In fact the midwife had mistaken Debbie for another patient. The team from Irwin Mitchell accessed other patient details, ward plans and ward rotas to prove this error.

Medical experts were called on to give evidence and they stated that a caesarean delivery should have been carried out if Mrs X made complaints about contractions.

The case was set for trial but a late round table meeting was arranged in an attempt to achieve an out of court settlement. The Trust accepted that a Judge might find that the midwife had misidentified Mrs X and a settlement equivalent to £7.6 million was agreed.

If medical errors during birth caused your child’s cerebral palsy, our expert solicitors could help you claim compensation. Visit out Cerebral Palsy Claims page for more information or call or free on 0808 163 4557.

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