Woman Instructs Medical Negligence Lawyers To Investigate After Boy Starved Of Oxygen During Birth Diagnosed With Cerebral Palsy

A mum is calling for lessons to be learned after her son was left permanently disabled following delays in delivering him during birth. 

Shanto Khaliquzzaman was starved of oxygen after medics at Birmingham Women’s Hospital failed to advise his mum to attend hospital earlier, and upon admission, then failed to recognise his deteriorating heartbeat. 

Mum concerned over baby's reduced movement advised to take warm bath

Mum, Dilshad Sultana, of Sutton Coldfield, said she telephoned the hospital at about 5pm on 20 June, 2019, complaining of stomach pain and that her baby’s movement was reduced. However, the 31-year-old said she was advised to have a warm bath and to call back when her contractions were coming every three minutes.

After phoning the hospital back that evening, Dilshad was advised to attend hospital. She arrived at about 10.30pm. Monitoring of Shanto’s heart rate was started five minutes later. It showed no variability. 

Following medical reviews, Shanto was delivered by emergency caesarean at around 1.15am on 21 June, 2019. He had to be resuscitated. Shanto spent 22 days on a ventilator in intensive care. 

Shanto diagnosed with cerebral palsy 

He has since been diagnosed with cerebral palsy. Shanto is reliant on others for all aspects of his care. He’s unable to walk, talk or even sit on his own.  

Following her son’s diagnosis, Dilshad instructed expert medical negligence lawyers at Irwin Mitchell to investigate his care under Birmingham Women’s and Children’s NHS Foundation Trust, which runs the hospital.

Hospital Trust admits liability and agrees voluntary payment

The Trust admitted liability through its lawyers. It admitted there was a failure to advise Dilshad to attend hospital when she initially called on 20 June. Had Dilshad been told to attend hospital, on the balance of probabilities, monitoring of Shanto’s heart rate would have started and a deterioration in his heart rate would have been detected, leading to an earlier delivery. Shanto would been delivered before he suffered permanent brain damage, the Trust acknowledged.

The Trust has made a voluntary interim payment allowing the family to move to a new home specifically adapted to meet Shanto’s extensive care, therapy and equipment needs. A final settlement cannot be finalised until Shanto is older and the full extent of his future life-long care needs established.

Mum and medical negligence lawyer campaign to improve maternity safety 

Dilshad has now joined her legal team in supporting Cerebral Palsy Awareness Month and in campaigning to improve maternity safety.

Expert Opinion

“This is a tragic case which resulted in Shanto suffering devastating but avoidable injuries which will affect him and his family for the rest of his life.

“While we welcome the Trust’s co-operation in this case, the family would rather not be in this position.

“What happened to Shanto is a stark reminder of the life-changing consequences families can be left to face because of maternity care failings.

“Every second counts when delivering babies in distress and it’s vital that lessons are learned so others don’t have to suffer the pain that this family have been through.

“We continue to campaign for improvements in maternity safety nationally.” Sara Burns

Medical negligence: Dilshad's story 

Dilshad, who also has a four-year-old daughter Anjana Aminuzzaman, said: “When I arrived at hospital I told the midwives that I couldn’t feel my baby move but they tried to reassure me that they were monitoring it. I knew something wasn’t quite right but it felt that they weren’t really listening to me. 

“As the hours went by nothing was really done then I was suddenly told I was having a C-section. At that point it felt like everyone was in a rush. There were doctors and nurses but it was so quiet. When Shanto was born I immediately feared the worse. He looked very poorly and then I was told he was being taken to neo-natal intensive care.”

Once in intensive care Shanto suffered seizures. Test revealed that delays in Shanto’s birth meant he had suffered extreme brain injury, multiple brain haemorrhages and cardiac arrest. 

Doctors unsuccessfully tried to bring him off a ventilator aged 10 days and palliative care options were discussed. However, two weeks later Shanto began to breathe for himself. 

Sutton Coldfield family want lessons to be learned to improve patient care

Dilshad added: “Seeing Shanto in intensive care fighting for his life was the hardest thing I think I’ll ever to have go through. All the family were hoping and praying he would somehow pull through. Palliative care was discussed but we had to give him every chance possible. 

“We’re so grateful to have Shanto in our lives and so proud of the fight and determination he shows every day. While we have answers as to what happened to him, trying to come to terms with how Shanto won’t have the life we hoped for him is difficult. 

“He’s three-years-old and is supposed to walk and talk, develop as a person, and cause mischief with his big sister. However, he can’t do any of that. I can’t explain how terrible it feels when my friends’ kids are running around, and he can’t do that because of those mistakes.

“I just hope that by speaking out I can help prevent other families having to go through what we have.” 

Find out more about our expertise in supporting families affected by cerebral palsy and other birth injuries at our dedicated medical negligence section. Alternatively to speak to an expert contact us or call 0370 1500 100.