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Hospital Resolves Liability Issues In Cerebral Palsy Case

Kate was 19 when she became pregnant with Cameron. Her pregnancy progressed largely well with only a few minor complications.

Kate’s waters broke three days after her due date, and at first, her labour was unproblematic. However, after a number of hours Cameron’s heart rate began to show abnormalities on the heart monitor. However, the midwife did not react to these abnormalities, and did not check or adjust the heart monitor to make sure it was giving an accurate and helpful trace of Cameron’s heart rate.

Because of this, the midwife failed call for an obstetrician to make sure that Kate was doing well, and the delivery was delayed as a result.

When he was delivered, it was found that Cameron had been starved of oxygen, and had to be resuscitated. He was taken into a special care baby unit and has since been diagnosed with quadriplegic cerebral palsy.

Auriana Griffiths, a Partner in Irwin Mitchell’s medical law department, instructed experts in obstetrics, and midwifery care to produce reports on the care that Kate and Cameron received in the hospital. Experts in the field were instructed to consider the cause and timing of the damage to Cameron’s brain.

After serving court proceedings on the hospital, they agreed to settle liability at 70% because of the complexities of the case. Expert evidence will now be obtained to consider Cameron’s needs in the future to include, care, therapies, accommodation, specialist equipment and schooling, so that the cost of Cameron’s future needs can be calculated. The hospital will then pay 70% of the overall cost.

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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