Medical Negligence

A woman whose baby has been born with severe abnormalities after being told all her scans were normal has secured a large compensation award to help care for her child. 15m in a wrongful birth claim against Warrington and Halton Hospitals NHS Foundation Trust.

Mrs M was pregnant with her first child, she attended all antenatal appointments at Warrington Hospital and assessment revealed no significant abnormality and her overall antenatal risk was low. The consultant obstetrician and gynaecologist, with a specialist interest in high risk obstetrics and foetal medicine, reported that the baby was ‘all complete and fine’. Our client worked with mentally and physically handicapped children, some of whom had been injured during birth, and she experienced increasing anxiety about the delivery of her baby and the health of the baby that she was carrying.

At birth there was immediate concern about the baby’s condition, he was floppy with poor respiratory effort. Resuscitation produced a good response but the baby’s colour remained poor and he had stridor. The baby was intubated before being transferred to the neonatal intensive care unit at Warrington Hospital, then on to St Mary’s Hospital in Manchester.

Our client was told her baby would have severe delays in his motor and cognitive development, profound visual impairment, vocal cord palsy necessitating tracheostomy and PEG feeding via his stomach. The baby would be totally dependent for life, with feeding and breathing difficulties as well as double incontinence, his mother was also told that his life expectancy was significantly impaired. Our client could then have been advised of the significant risks of developmental delay, epilepsy and chromosomal abnormality.

This element of the investigation required careful consideration of the baby’s life expectancy and the care, accommodation, physiotherapy, aids and equipment that would be required throughout the baby’s lifetime. Proceedings were issued in Court, but were stayed to allow settlement negotiations to take place.

After securing reports from multiple experts in various disciplines and quantifying the claim a settlement was secured. The case law and issues in this claim were particularly complex and warranted careful and thorough examination. “This was a particularly important case where the monetary compensation sought was desperately needed to provide a child with extreme needs with essential accommodation and care.

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