Medical law and patients rights

A five-day High Court civil hearing opens in Birmingham on Tuesday 28th November after an Evesham boy was left severely disabled following failures during his mothers pregnancy and his birth.

Daniel Groves, now aged 12, suffers from Cerebral Palsy due to deprivation of oxygen after doctors and community midwives failed to spot that his mother, Ingrid, had developed gestational diabetes during pregnancy and encouraged her to have a home birth. Mrs Groves condition that should have been picked up during pregnancy and should have led to a high-risk delivery in a hospital unit went undetected.

Daniel weighed 11 lb 8 oz at birth due to his mothers diabetes and his shoulders became stuck during vaginal delivery causing deprivation of oxygen. As he was born at home, specialist medical teams and state of the art equipment were not available to assist his delivery and resuscitate him.

Medical negligence inquest

Liability has already been established against the GP and community midwives responsible for Mrs Groves care. The High Court trial, before Mr Justice Gibbs, will assess the value of the claim and establish the level of compensation Daniel Groves should receive.

As a result of being starved of oxygen at birth, Daniel has been left with quadriplegic Cerebral Palsy and Erbs Palsy.

Daniel is totally dependent upon a wheelchair for mobility and requires 24-hour care. He is not able to speak but uses limited forms of communication such as putting his tongue out for "no" and smiling for yes.

Daniels mother, Ingrid Groves, said: This has been a long ordeal for the family and we are relieved that we are nearing the end of our legal fight.

Medical negligence solicitor

Stuart Henderson, a partner from Irwin Mitchell Solicitors, who represents the family said: Daniel is a delightful boy, but he has been limited in his independence and all the chances he should have had in life have been restricted. We hope that this civil trial will result in a damages award that will allow Daniel to provide for his extensive future needs and make the most of his life ahead.

Daniel is blessed with an extraordinarily close and warm family. His parents, Ingrid and Richard, brothers Chris, (26) and Michael (19) and sister Lisa (24) have all been so positive and determined to ensure that Daniel is given every opportunity to enjoy life to the full.