During Brett's delivery at Hillingdon Hospital, midwifery staff failed to recognise signs of fetal distress on the CTG (fetal heart monitor) three and a half hours before birth.
As a result, Brett's brain was starved of oxygen and he suffered catastrophic brain damage. He now suffers from profound intellectual impairment, although his motor skills are not affected. Although he now attends a special needs education school, he is by far the most physically able of the children at the school.
We were instructed to pursue a birth injury claim for Brett by his parents because they were unhappy with their previous solicitors.
We alleged that there was negligence by the midwifery staff in failing to recognise signs of fetal distress on the CTG some three and a half hours before birth.
Our evidence indicated that if a consultant obstetrician had been called and Brett was delivered one hour 45 minutes earlier, he would not have suffered any brain damage.
After years of denial to the previous solicitors, the Health Authority in its defence accepted negligence, but not causation.
The case was fixed for trial but settled a few days before in the sum of £1.6 million. The defendant also agreed to pay all of Brett's legal costs.
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For further information about birth injury claims and medical negligence claims, please call Paul McNeil on 0330 460 6804 or email paul.mcneil@fieldfisher.com.
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