Positive use of NHS Early Notification Scheme helps claim for young boy with cerebral palsy

Liam* was born in 2018 in poor condition and required resuscitation at birth. He was transferred to another hospital trust for 'cooling' and had seizures requiring extensive medical support. His MRI scan showed abnormalities and he was diagnosed as having grade 3 hypoxic ischaemic encephalopathy.

Punam Sood investigated a claim for the failure of the Trust to properly manage his delivery leading to permanent neurological injury.

Liam's birth was the subject of a Serious Incident Investigation which stated that during his delivery, there was a loss of "situational awareness" and "missed opportunities to correctly interpret the CTG changes … which deteriorated and was difficult to assess…The baby should have been delivered earlier."

While Liam's parents appreciated the thorough investigation following his birth, the Investigation Report left many unanswered questions about whether the outcome could have been different for him.  Having considered the findings within that report, Punam wrote to the Trust to ask them to consider admitting liability early so that Liam could access the care, rehabilitation and support he needs.

The investigation stage of an injury like Liam's can take years so it's important to find alternative solutions to expediate the claim and access vital funds for support, care and aids.

The Trust advised Punam that Liam's case had formed part of the 'Early Notification Scheme', an initiative run by NHS Resolution to deliver safer maternity care and to build a culture of learning. The scheme investigates certain brain injuries at birth to determine if negligence has caused the harm and to try to resolve a claim quickly.

Less than 18 months later, when he was under 2-years-old, the Trust admitted full liability for Liam's injuries which - by this time - was confirmed as cerebral palsy.  The Trust admitted that the CTG monitoring Liam should have been categorised as pathological and this should have led to his delivery being expedited.  The Trust admitted that with appropriate care Liam should have been delivered at an earlier time and if he had been, he would have avoided all brain injury.

As Liam was so young at the time liability was admitted, Punam secured interim payments to ensure that the family can access suitable accommodation, plus the therapies that will help him reach his full potential. Punam is currently working to value his claim now that he is older and his needs can be mapped over his lifetime.

This case is a good example of how working in a collaborative way with a hospital Trust and good use of the Early Notification Scheme can benefit children like Liam affected by devastating birth injuries.

If you have received a letter telling you that your child's care is being investigated as part of the Early Notification Scheme and need some advice, our team will be able to assist you.

Contact us

For further information about cerebral palsy claims and birth injury claims, please call Punam Sood on 0330 460 5952 or email punam.sood@fieldfisher.com

Alternatively

• You can speak to our medical negligence solicitors on freephone 0800 358 3848
• email us: personalinjury@fieldfisher.com
• Complete the short online enquiry form

All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee. Find out more about no win no fee claims.