Medical Negligence

The NHS Foundation Trust involved admitted a breach of duty of care and made an out-of-court settlement for just over £7 million. Baby brain damage due to lack of oxygen In this case, the mum’s pregnancy and antenatal care were normal and there were no concerns, the problems began with prolonged labour, mismanaged monitoring and a delayed caesarean section. “As well as cerebral damage and epilepsy, her life skills are very limited and her emotional maturity has plateaued, had a caesarean section been carried out earlier the neurological injury could have been avoided.

The settlement made represents the severity of her injury and the life-long assistance and care she will need. A later MRI scan revealed hypoxic ischemia, a type of brain injury that occurs when the brain experiences a decrease in oxygen or blood flow, which can occur in labour. Delayed medical treatment and prolonged labour When the mother went into hospital in the early stages of labour the initial CTG was normal and labour continued, although very slowly.

CTG is a cardiotocograph which can be used to monitor the heart rate of a baby and is used to assess its wellbeing as labour progresses. It also measures the baby's heart rate, together with the mother's uterine contractions. Later in the day the medical team conducted an artificial rupture of the membranes, as breaking the membrane containing the fluid around the baby (known as the waters) is often enough to make contractions stronger and more regular.

More pain relief in form of Pethidine was given and labour continued to be slow, but several hours later it was noted that the baby’s heart beat was dipping. When a woman is in active labour to determine if the baby is getting enough oxygen this test is done to check the blood pH of the baby, it can determine well-being during delivery. A low foetal heart rate could indicate the baby is not getting a sufficient amount of oxygen to the brain.

This combined with a low or borderline foetal blood pH level also suggests that the baby does not have enough oxygen and labour is not progressing very well. “There was a catalogue of errors which have had a catastrophic impact not only on the Claimant herself, but her wider family who have continued to care for her and assist her with her day-to-day life. This award will ensure that long after her family are unable to care for her she will have sufficient funds to pay for a robust care package.