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Click to play, Sara explains Medical Negligence Compensation.
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For the vast majority of women pregnancy and child birth is a happy and positive experience. However, on occasions, things can go wrong for both mother and baby, and on rare occasions the injuries that result can have life changing consequences for the whole family. If you believe you or your child have suffered an injury during pregnancy or child birth we can assist with a claim for compensation and assist with the practical issues which arise when someone has sustained serious injuries.
The firm has acted for a number of children, who have sustained brain injuries at birth, as a result of the mismanagement of the labour and/or delivery. In those cases the settlements have been in 7 figures, which is mainly due to the significant amount of care the child will require throughout their lifetime.
Mrs X was around 29 weeks pregnant with her first child when she was admitted to hospital suffering pre-eclampsia (a condition where blood pressure is raised, protein can be found in mothers urine, and headaches, blurred vision and lower leg swelling can occur). The mother was given medication which failed to control the pre-eclampsia. Three days following admission the monitoring of the baby’s heart should have given cause for concern, a scan had showed an issue with the blood vessels to/from the baby, and mother complained of the baby moving less. These factors should have prompted an urgent caesarean section but this didn’t in fact occur until day 4 following admission by which time the baby had suffered oxygen deprivation causing brain damage resulting in physical and cognitive disabilities. This claim was also settled for a seven figure sum with annual payments for life.
Mrs X was admitted to hospital just after midnight in labour with her first baby. She was 10 days past her expected delivery date. A belt was placed on her abdomen so the baby’s heart rate could be monitored. The results showed the baby’s heart rate to be persistently fast in which circumstances the monitoring should have been continued. It was however discontinued. Further monitoring took place between 04.12 and 05.12 and the results were, again, concerning. At this point a foetal blood sample should have been taken. This would have showed whether the baby was receiving sufficient oxygen. No such sample was taken. Later, the mother’s waters were broken and meconium (faeces of the baby) was seen. This can be evidence of a distressed baby. By 06.25 the baby’s heart rate was so concerning action should have been taken. As it was a decision to deliver by caesarean section was taken too late and when born it was found the baby had suffered a prolonged period without sufficient oxygen. This caused brain damage with the outcome the child has physical and cognitive disabilities. The claim was settled in a seven figure sum and annual payments to ensure the child receives the care and support required for the rest of their life.
Ms C suffered a fourth degree tear during the delivery of her first child. It was argued the tear could have been reduced in severity had the baby’s head been properly controlled during the delivery and an episiotomy (surgical cut) been performed. Her claim settled in the sum of £10,000.00.
In effect it is imposing on the parties a duty to mediate. There are a long line of cases setting out that failures to agree to medication can mean a winner does not get all his costs, or a loser has to pay even more costs.Read more