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News & Knowledge » NHS to pay £30m in compensation after baby suffers ‘life-changing’ injuries
An NHS hospital is set to pay out £30 million in compensation after negligence caused ‘life-changing injuries’ to a baby girl.
Stockport NHS Foundation Trust, which runs Stepping Hill Hospital admitted that their failures and omissions in post-natal care led to a baby girl developing cerebral palsy after she was born.
Legal representatives for the family say she was born “seemingly healthy” but displayed “signs that she was in distress” shortly after birth.
However, she then developed ‘catastrophic’ and ‘life-changing injuries’ in the form of cerebral palsy after a “series of negligent omissions in her postnatal care and ultimately a delay in performing surgery”.
The NHS admitted breach of duty and causation, resulting in a full admission of liability.
The £29.3million award was approved at the High Court in London and will be settled on a lump sum basis.
The family will also receive annual payments for all care and case management costs, which include money for the family to buy a home suitable for the complex needs of the baby, who requires rehabilitation treatment in her own home. It is thought that the sum marks the second-largest settlement the NHS has ever made.
According to the family’s legal team, the impact has been “devastating” amid the “irreversible damages” that changed the young girl’s life “forever”.
A barrister said:
“They waited a number of years for Stockport NHS Foundation Trust to admit liability and faced the prospect of a trial at court until we finally reached a settlement.”
Birthing Injury claims
What is a birth injury?
A birth injury is an injury that has occurred during labour. Injuries can affect both the mother and baby and can be caused by negligent care from a health professional.
Although some birth injuries are natural, some can be caused by medical negligence and NHS failures – and in these cases, you may be entitled to compensation.
Birth injury causes
We have rounded up a list of common causes of birthing injuries (however, this list is not exhaustive):
- Failure to identify the progression of labour
- Mismanagement of maternal conditions, such as high blood pressure and pre-eclampsia
- Decisions about the mode and timing of delivery, e.g. should a c-section have been brought forward
- Mismanagement of infection, e.g. Group B Strep
- Surgical errors
- Retained Placenta, sometimes resulting in infection
- Improper use of equipment, such as forceps or vacuum extractors
- Failure to monitor mother and baby after childbirth
- Use of unnecessary force during childbirth
Cerebral Palsy birthing injury
Cerebral palsy is caused if there is a problem with the baby’s brain before, during or soon after birth. It can be caused during pregnancy if an infection such as chicken pox is caught, or by damage to the baby’s brain during or after birth.
Although cerebral palsy is not usually by the actions of medical professionals, there are several ways in which the condition can be a result of medical negligence.
In some cases, a lack of oxygen to the brain can cause the condition if there are complications during birth. Meanwhile, if medical staff fail to notice the complications or fail to perform a caesarean promptly, their negligence could result in the child having cerebral palsy.
In addition, if the mother has an infection during pregnancy and birth, and medical professionals fail to diagnose or treat the infection in time, the child may be at risk of cerebral palsy due to negligence.
How to make a claim?
Medical negligence claims of this nature are subject to a three-year limitation period. This means that claims have to be commenced within the courts within three years of either the date the negligent act occurred or the date you became aware that negligence had occurred.
In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th Birthday.
The law surrounding limitation periods is complex, our specialist team will be able to advise further.
Who can make a claim?
The victim of the negligence can bring about a claim in their own right. However, it may sadly be the case that the victim is no longer able to bring about a claim or has passed. In such circumstances, a claim can be brought about by the executor of the estate or an authorised person.
For further information about whether you are able to bring about a claim, please contact the medical negligence team who will be able to advise further.
What do I need to prove to make a claim?
For a successful medical negligence claim, it needs to be proven that:
- The healthcare provider had a duty or obligation to you
- The healthcare provider fell short due to medical negligence
- You were harmed as a direct result of the medical negligence
What evidence should I provide?
Our medical negligence team will assist you in obtaining the evidence needed. However, the following can be useful to assist with your claim:
- Medical notes
- Diary entries of what occurred
- Any communication from GPs or healthcare professionals
- Witness statements
- Proof of loss of earnings
How long will my claim take?
Given the complexities involved in pursuing medical negligence claims, they can often take 12-18 months to conclude and longer if Court proceedings have to be issued.
Our investigations start by obtaining all relevant records and protocols before approaching the Defendants in claims of this nature. Depending upon the injury suffered, independent medical experts may need to be consulted.
We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.
How much compensation will I get?
For medical negligence cases, we will pursue two forms of compensation for you:
- Firstly we will pursue compensation known as general damages:
This is an award of money for the pain and suffering you have endured as a result of the negligence.
General damages will be awarded based on the severity and ongoing effects of the injury. The Judicial College guidelines will be used as a framework for how much you will be awarded.
- Secondly, we will pursue compensation known as special damages:
This is an award of money for all of your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, and treatment costs both past and future. This list is not exhaustive and is very case-specific.
Why should I use Oakwood Solicitors Ltd?
We have a dedicated team of solicitors and paralegals who have many years of experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.
Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.
Further reading
Child birthing injuries – Oakwood Solicitors
Hospital negligence – Oakwood Solicitors
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
Carol Cook joined Oakwood Solicitors in May 2017 to lead the Medical Negligence Department.
Carol handles a wide range of clinical, cosmetic and dental negligence claims and has years of experi…
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