Hillington Hospitals Trust settles liability for baby's brain damage following mismanaged labour
Shivi Nathan has settled liability in a substantial claim on behalf of a now 8-year-old boy left severely brain damaged following negligent care during his mother's labour at Hillingdon Hospital, Uxbridge. The claim was approved in the High Court.
The boy has normal physical motor function but has severe cognitive and behavioural problems, with no concept of danger. He struggles to communicate and effectively cannot speak. He needs care, 24-hours a day to keep him safe and suffers severe epilepsy. He will never be able to work and will lack capacity for life to manage his affairs.
The boy's parents instructed Shivi to investigate a claim on their behalf, not least since the hospital own internal investigation clearly identified mismanagement of the mother's labour, in particular a lack of response to clear CTG signs the baby was in distress, continued use of Syntocinon during slow progress of labour and despite strong and regular contractions. The Trust admitted the labour should have been managed differently.
The mother had attended all antenatal appointments at the hospital and had gone in for an induction at 41 weeks + 5 days. She was 27 years old at the time and was considered a low-risk pregnancy.
The case was that obstetric review should have taken place urgently when the baby's heart rate repeatedly dropped dramatically and his mother should have been offered a caesarean section much earlier. Had this occurred, the baby would have avoided the period of oxygen deprivation that caused his brain injury, including aspiration of meconium, another clear sign of fetal distress.
The Hillington Hospitals NHS Foundation Trust admitted that the boy's injuries are a result of chronic partial hypoxia and that it was liable for these injuries.
The settlement will help the parents to provide their son with the best possible life he can live, to keep him safe and to fund accommodation, carers, equipment and treatment.
Contact us
For further information about birth injury claims and medical negligence claims, please call Shivi Nathan on 0330 460 7160 or email shivi.nathan@fieldfisher.com.
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