NHS Trust accept liability after mistakes result in severe cerebral palsy
08 Sep 2008
Following the birth of a child with a severe brain injury, the High Court in Birmingham has today approved an agreement reached with a Worcestershire hospital after mistakes were made in antenatal care.
When Emma was thirty-eight weeks pregnant with Holly, she noticed that she was having reduced fetal movements and so she contacted her midwife to discuss her concerns. Rather than arranging for Emma to be admitted to hospital immediately, an ante-natal appointment was arranged for two days later.
The next day, Emma began to get extremely concerned that her baby was not moving and so contacted a midwife again. At this point, Emma’s blood pressure was taken and it was very high. Despite this, she still was not referred to the hospital and was informed to attend the ante-natal appointment that had been arranged for her the following day.
Emma attended her antenatal appointment at Kidderminster General Hospital and again complained of reduced fetal movements. A CTG scan trace was carried out which showed that the baby was in distress. However, Emma was not informed of this at the time and was sent home with an appointment to attend Worcestershire Royal Hospital later that day.
Upon arrival at the Worcestershire Royal that afternoon, a further CTG scan was performed for two hours which again confirmed an abnormal heart rate. Two hours after arrival, an obstetric registrar decided an emergency caesarean was required, but this was not carried out until another two hours had passed.
When Holly was born, she was in very poor condition and was suffering from severe hypoxia (oxygen starvation). Holly now has a permanent brain injury, in the form of quadriplegic cerebral palsy. Consequently, she has impaired vision and is unable to move independently or co-ordinate her movements.
A claim was pursued against Worcestershire Acute Hospitals NHS Trust and the Trust agreed that mistakes in antenatal care led to Holly being born with a severe brain injury. If a caesarean section had been performed earlier, then, in all likelihood, Holly would not have suffered hypoxia.
With the help of Birmingham medical negligence solicitors, Sara Burns and Guy Forster, an interim payment has been made by the Trust in respect of Holly’s ongoing care. At a later date a decision will be made as to the full amount of compensation to be awarded. It is expected that a substantial seven figure sum will be achieved to fund her needs for the rest of her life.
Guy Forster commented "Holly has suffered significant disabilities as a consequence of the failures of the Trust. It is likely that Holly will require ongoing twenty-four hour assistance and she will need substantial funds to access the significant care that she requires. Holly is attending the Foundation for Conductive Education and, with the support of her parents, is making some progress. It is hoped that this progress will continue long-term."
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