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Hospital Admits Errors Leading To Cerebral Palsy Liability Settlement

Jennifer, Sarah’s mother, had previously given birth by emergency caesarean section. But when Jennifer conceived a baby through IVF, her pregnancy with Sarah progressed normally.

However, when Jennifer went past her estimated due date, her baby’s movements slowed down. She became worried, and after discussing it with an obstetric registrar, agreed to have a second caesarean section.

As it happened, Jennifer went into labour spontaneously the day before she was due to have the elective caesarean section. She was concerned that she had not felt Sarah move that afternoon and she was in a lot of pain. She went into hospital and was quickly transferred to theatre where a CTG showed that Sarah’s heart rate was present but was slower than normal. At this point, an emergency assisted delivery should have been performed. However, Sarah was not delivered for another 24 minutes.

When she was delivered, she was floppy and blue, and did not breathe. A paediatrician attempted to resuscitate her in theatre, but was unsuccessful. She was taken to a special care unit, where she was resuscitated. She has since been diagnosed with severe spastic and dystonic quadriplegic cerebral palsy.

Irwin Mitchell represented Sarah in her claim against the hospital. The hospital admitted that Sarah should have been delivered earlier, and that if she had been, her cerebral palsy would have been less severe. The hospital has agreed to settle the claim at 80% on the basis that some damage would have occurred in any event but Sarah’s condition is much more severe than it would have been with appropriate treatment. The cost of lifelong care, together with suitable accommodation, equipment and therapies will now be quantified with the assistance of expert evidence, and the hospital will pay 80% of the overall figure.

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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