Tees secured a £575,000 settlement for HC, a child who suffers from mild motor, learning, and cognitive impairment as a result of medical negligence during her birth.
Background: A normal pregnancy with unexpected complications
HC was born in 1985. Her mother, MC, experienced a normal pregnancy, except for a urinary tract infection at 24 weeks, which was treated without further complications.
At 34 weeks, MC was admitted to West Suffolk Hospital after experiencing irregular contractions. Medical staff monitored her using cardiotocography (CTG) to track the baby’s heart rate and contractions, initially reporting normal and reassuring results.
Signs of distress and delayed intervention
As MC’s contractions continued, her discomfort increased. A midwife detected signs of bradycardia, indicating an abnormally slow heart rate. A doctor assessed MC and observed a further slowing of the baby’s heartbeat. Concerned but uncertain of the cause, the doctor requested a consultant’s review.
Upon examination, the consultant suspected a concealed haemorrhage and ordered an emergency caesarean section. Tragically, HC’s heart rate had become undetectable five minutes before delivery. After birth, HC was unable to breathe independently for approximately 30 minutes and was transferred to Addenbrooke’s Hospital for intensive care.
Lasting impact of medical negligence
Due to the trauma and oxygen deprivation at birth, HC, now in her 30s, experiences mild motor impairment, learning difficulties, cognitive challenges, and some communication problems.
Investigating the claim: Overcoming challenges
Tees began investigating HC’s case in 2000 when she was 15 years old. The delay between her birth and the investigation posed additional challenges. Our dedicated birth injury legal team worked diligently to obtain and analyze her medical records, which were released gradually by the hospital.
Upon thorough review, we identified critical concerns regarding the management of MC’s labour. Our investigation focused on whether HC’s brain damage could have been prevented had she been delivered earlier through an emergency caesarean section.
Establishing liability and securing compensation
Initially, the hospital contested liability, denying any wrongdoing. However, Tees collaborated with expert witnesses to present detailed evidence on the negligent management of HC’s delivery.
In 2008, after extensive negotiations, the case was settled out of court, avoiding the expense and stress of a trial. HC received a £575,000 settlement, which was placed into a Personal Injury Trust to safeguard her future entitlement to means-tested benefits.
Legal insight from Tees
Janine Collier, Executive Partner and Head of Medical Negligence at Tees, commented on the case:
“In this case, our perseverance paid off. Despite the significant amount of time between HC’s birth and our investigation, we were able to identify clear evidence of negligence. The hospital missed opportunities to recognize that HC was experiencing oxygen deprivation, and an earlier caesarean section could have prevented her brain damage. The settlement will help HC access the support and resources she needs for her future.”
How Tees can help you
If you or a loved one has experienced birth injuries due to medical negligence, Tees’ specialist medical negligence solicitors can provide expert legal support. We are committed to securing the compensation and answers you deserve.
Contact Tees today to speak with one of our compassionate legal professionals.
* Client names have been changed to protect their privacy.
