Cerebral Palsy following delay in delivery (identity protected)

Sahida Patel, specialist clinical negligence lawyer, resolved a high-profile birth injury claim for baby “M” for compensation worth over £25million.

The Facts

Baby “M” was born in 2005.  She sadly suffers with cerebral palsy, epilepsy, microcephaly and has severe learning difficulties with behavioural problems.

Baby M’s injuries were sustained because hospital staff failed to realise that baby M was in distress during her mother’s labour.  Baby’s M’s poor condition mandated earlier delivery but the labour was allowed to continue without any intervention.  By the time Baby M was delivered she had suffered irreversible brain damage.

Our Investigation

When instructed a team of medical experts in Midwifery, Obstetrics, Neonatology, Neuroradiology and Paediatric Neurology to help us investigate what had happened.

The expert evidence identified failings during the labour relating to a lack of proper monitoring of baby M’s alarming heart rate.  They concluded that baby M should have been delivered earlier and, had this happened, she would not have sustained the devastating injury to her brain as a result of oxygen starvation. 

The hospital accepted they were at fault but it took a number of years before baby M’s claim was resolved because investigations were needed to fully understand the extent of her disability and behaviour and what her care and support needs would be

Although baby M’s family were devoted to her and provided her with a very a high level of care and support, it was clear that baby M required a full commercial care team to help her with her daily living.  This professional care was slowly introduced so that baby M are her family could get used to a care team helping on a daily basis. 

Baby M and her family moved into a new home specifically adapted with specialist equipment to meet her needs and disabilities. Therapy and other support was also started to make sure that Baby M could develop and progress with her life.

Once we had a clear picture about Baby M’s needs and how her disabilities would affect her now and in the future her compensation claim was approved by the Court.

Baby M received a lump sum award of approximately £7million with further payments each year for her care, support and case management for the rest of her life.

Sahida’s thoughts on the case

This was a particularly difficult and sad case. M had some insight into the extent of her disability which was distressing for her.  Being able to help her and the family secure suitable accommodation, a full care team and therapies and support has however meant that M (now a young child) receives optimum support that allows her and her family to properly deal with the challenges that her disability presents them. 

Feedback from the family

Sahida Patel has been our clinical negligence lawyer and she has been nothing but hard working, professional and truly dedicated and committed to our case.

How we can help?

Sahida Patel and the medical negligence team here are leading lawyers in this area of law and have renowned expertise in cerebral palsy and birth injury claims.

More information about cerebral palsy claims can be accessed by clicking here  and information about our team of expert lawyers can be found here