Lawyers Secure Funds Approved At High Court

A young girl left with significant brain injuries at birth caused by oxygen starvation during labour is to receive funds that will secure her access to potentially life changing rehabilitation and support, the Court ruled today.

Lawyers representing the family, who do not wish to be named, confirmed that the Whittington Hospital NHS Trust, which admitted that substandard care was received during labour, will make £600,000 available within 28 days to ensure the ten year old has access to the very best care and rehabilitation as soon as possible.

Her legal team will continue to work with the Trust longer-term until a comprehensive package to provide for her future care needs is agreed.

Peter Cutler, a medical law and patients’ rights expert at law firm Irwin Mitchell, welcomed the move and said it removed a significant amount of financial pressure from the family to support their daughter.

He said: “Any medical injury that could have been prevented or when a patient receives substandard care is a real cause for concern and it is imperative that lessons are learnt.

“However, this move by the London Trust to pay an initial sum of £600,000 to secure access to potentially life changing rehabilitation, as well as specialist education, is to be applauded.”

Until the future impact of the injuries sustained at the time of birth can be fully understood, it is not possible to calculate exactly what care package will need to be established, Mr Cutler explained. “Ensuring that a client has access to sufficient funds to provide a lifetime of care can be a long and complex process,” he said.

“It can take years for the full extent of birth trauma injuries to become apparent so it is imperative that we do not rush into agreeing a final care package with the Trust before we can properly identify future needs. But, in the meantime, many victims struggle to access potentially life changing treatment and equipment because of financial restraints.

“Our client’s injuries prevent her doing some of the most basic day-to-day tasks but it is hoped that with consistent access to quality rehabilitation and psychological therapy at this young age, she could go on to have a more independent life.

“We welcome this move by the Trust to make the necessary funds available at this stage and hope it is something that can become a matter of course in serious medical law cases to the great benefit of our clients.”