Following denial, King's College Hospital accepts psychiatric injury from traumatic birth
Jonathan Zimmern recovered £205,000 for Martha after she suffered psychiatric injury following negligent medical treatment during her daughter's birth at King's College Hospital.
Martha's pregnancy was uneventful until she began experiencing abdominal pains and contractions plus reduced fetal movements.
A CTG commenced but the hospital failed to recognise that this was abnormal. Instead, they recorded it as suspicious.
A doctor reviewed the CTG and determined that Martha was in early labour and artificial rupture of membranes would be difficult. However, 20 minutes later, an artificial rupture of membranes was performed, which the Trust later admitted was inappropriate.
At this point the CTG was reading pathological and clearly indicated an urgent need for a category 1 delivery, where there is immediate threat to the life of the mother or baby.
Martha's daughter was eventually delivered by category 1 caesarean section. She was in poor condition and was transferred to the NICU where she was diagnosed with Grade 3 Hypoxic Ischemic Encephalopathy.
The defendant Trust admitted that it failed to recognise and escalate the abnormal CTG and had this been recognised, Martha's daughter would have been delivered much sooner and in better condition. However, it denied liability in respect of Martha's psychiatric injury.
Jonathan worked with a psychiatrist expert who determined that Martha's PTSD was directly related to the birth of her daughter and, but for the delay, Martha would not have suffered from any significant psychiatric disorder. Following negotiations with the Trust, Jonathan agreed settlement of £205,000.
It was also agreed that Martha's daughter is too young to fully understand the extent of her injuries and an order was issued that her claim will be put on hold until she is older and can fully be assessed and quantified for the purposes of the legal claim.
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For further information about birth injury claims and medical negligence claims, please call Jonathan Zimmern on 03304606779 or email jonathan.zimmern@fieldfisher.com.
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