Medical negligence led to a young woman suffering brain damage before she was born, a judge has ruled.
Elisha Woods, 25, was starved of oxygen before her birth at Bassetlaw District General Hospital in Worksop, Nottinghamshire, on 14 October 1998.
But if staff had not delayed inducing her birth when her mother Julie’s amniotic fluid leaked two weeks earlier, she would have avoided brain damage, a High Court judge has said.
Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust (DBTH) has apologised to the family.
Ms Woods, from Nottingham, now suffers from complex behavioural difficulties as a result of her injuries.
Her solicitors said the ruling, by Mrs. Justice Lambert, opens the way to a claim for “substantial” compensation to help pay for her continuing care needs.
The High Court heard how Ms. Woods was born in a “poor condition”, with her umbilical cord wrapped around her neck and a very low heart rate.
In 2017, her mother Julie, 51, launched legal action over concerns about her care in the two weeks before Elisha was born.
The court heard she had visited the hospital due to leaking amniotic fluid on September 28, 1998.
Cardiotocography (CTG) monitoring revealed her baby had tachycardia, an abnormally high heart rate, which persisted for more than two hours.
However, the court heard how Mrs Woods was discharged from hospital despite this, as a senior doctor later wrongly interpreted the baby’s heart rate as normal.
Mrs Justice Lambert heard further evidence that the doctor should have repeated the CTG and conducted further tests and investigations the following day – however, this did not happen.
The court heard these tests would have likely identified signs of placental deficiency requiring intervention.
A judgment handed down last week concluded that with reasonable care, labour should have been induced on September 29, 1998 and that if that had happened, Elisha would have avoided brain injury.
After the judgement, Mrs. Woods said:
“This has been a stressful experience for the whole family, and I hope all remaining issues can be resolved swiftly.
“Every mother hopes that their birthing experience will be safe and that their baby will be healthy, and so it is truly heartbreaking when something does go wrong.”
David Thomas, of Switalskis Solicitors, which represented the Woods family, said:
“It has been a long and challenging journey for the family to finally get justice for Elisha.
“Whilst nothing will ever make up for the injuries that Elisha has sustained because of the failings in her care, this judgment paves the way for us to now bring a claim for compensation on her behalf, which will help to fund her ongoing care needs and provide her with some financial security for the rest of her life.”
Dr Nick Mallaband, DBTH’s acting executive medical director, said:
“Whilst this particular delivery occurred in 1998, we will carefully review this judgment and consider any improvements and learning that can be applied to our present service.
“We, as a trust, accept the court’s ruling and extend our sincere apologies to the claimant and her family.
“The standard of care provided fell short of what they were entitled to expect.”
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 extractor
- Failure to monitor mother and baby after childbirth
- Use of unnecessary force during childbirth
Types of birth injuries
Birth injuries can affect both mother and baby in different ways. We have rounded up some of the most common birth injuries we see – however this list is not exhaustive, and we may be able to help even if your injury is not on the list.
Mother
A lot of women experience vaginal tears during delivery and sometimes this is a natural consequence of childbirth, and they will heal quickly. However, in some cases, these tears are avoidable and can be serious.
These tears can cause a prolonged recovery period and healing time, as well as causing long-term effects on the mother.
These are skin-deep and only affect the outermost layer of skin around the vaginal and perineum, These are superficial and will heal on their own.
These are deeper tears, effecting the muscles of the vagina. Stitches are normally required to help the tear heal. These are usually painful and will recover within a few weeks. Your midwife will examine the tear time to time to ensure good healing
- Third and fourth degree tears
These are the most serious tears which are deeper, they affect the skin, tissue and muscles extending to the anal sphincter. These require careful surgical repair.
A prolapse of the uterus happens when the uterus slips down into the vaginal canal. This is a result of a woman’s pelvic organs bulging into the vagina or pelvic floor muscles and ligaments have stretched and weakened during childbirth.
A prolapse of the uterus is more likely in cases where women have endured a particularly long, traumatic or difficult labour. Women who have a larger baby are also at more risk of a uterus prolapse.
Symptoms of a uterine prolapse include:
- Urinary incontinence
- Pain during sexual intercourse
- A sensation of heaviness in the vaginal or pelvic area
Those who have experienced a uterine prolapse may require invasive treatment depending on the severity, such as a hysterectomy, this involves the removal of the womb meaning a woman cannot have any more children. However, sometimes it requires the surgical repair of the pelvic floor muscles.
Child
Many types of birth injuries occur because a medical professional is negligent. The most common types of preventable birth injuries are:
Facial paralysis can occur when there is too much pressure on the facial nerve in the baby’s face during delivery. This can lead to the baby suffering from a lack of movement on one side of the face, and if the nerve is torn, surgery might be needed.
- Brachial Palsy (Erb’s Palsy)
This is a type of birth injury which causes weakness or paralysis of the arm. Brachial palsy is usually caused by abnormal or difficult labour or delivery.
This is usually caused if a doctor or medical professional fails to recognise that labour is going to be complicated. This injury can also occur if a doctor or midwife pulls too hard, causing damage to a baby’s shoulder nerves.
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 clinical 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.
A C-section is a surgical procedure usually carried out if the mother is suffering from certain conditions such as high blood pressure or diabetes if there are problems with the baby or a multiple pregnancies like triplets.
The procedure is carried out by cutting the mother’s abdominal wall and uterus – and although in some cases C-sections are the safest option for mothers, they can cause injuries of their own.
However, most C-section injuries are preventable so if you have suffered harm as a result of negligence, you may be entitled to compensation.
C-section injury causes
- Delayed C-section
- Mistakes during surgery
- Poor aftercare
Types of C-section injury
C-sections can cause injuries to both the mother and baby. Some injuries can be easy to treat and temporary. However, others can cause long-term damage and conditions.
Here are some common injuries – however if you have suffered an injury which is not on the list, please get in touch.
Mother
- Adverse reaction to anaesthesia
- Blood clots
- Endometritis (infection of the uterine lining)
- Surgical-site infection (SSI)
- Postpartum haemorrhage
- Surgical injury
Baby
Post-natal depression (PND) and post-traumatic stress disorder (PTSD)
Birthing injuries to women can not only be physical but also affect them mentally. A negative or particularly stressful experience before, during or shortly after childbirth can have a negative impact on a women’s mental health and well-being.
Experiences during birth affect everyone differently and are highly sensitive, common signs include:
- Difficulty bonding with their baby
- Difficulty with sleeping
- A feeling of guilt and isolation
- A feeling of exhaustion and hopelessness
- The feeling of ‘failure’, and that the events of a baby’s birth were their own fault
Many women will suffer silently and not seek help with PND and PTSD. However, it is a common effect of birth with 3 in 10 new mothers experiencing PND or PTSD. These are serious injuries and require the correct treatment.
If you feel you have experienced any of the above, please contact the Clinical Negligence team at Oakwood Solicitors who will be able to advise in respect of a claim.
How to make a birthing injury 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 in 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 Clinical 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 on 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 clinical 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
Mother birthing injuries – 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.
Jade Glover is a Solicitor in the Medical Negligence team. She has worked for the company for over 9 years and completed her training during that time. She has specialised in Personal Injury clai…
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