Babies can be born with cerebral palsy despite the highest level of antenatal and obstetric care. Unfortunately, in some cases, severe injury results from medical negligence, where healthcare providers fail to ensure the safety of mothers and babies during pregnancy and delivery. One major cause is the failure to recognize signs of fetal distress, leading to delays in critical situations.
Cerebral palsy medical negligence cases at Tees
At Tees, our medical negligence lawyers are supporting two severely disabled children and their families, striving to ensure they receive the lifetime security they need.
- Liam Baker and Kayleigh Smith were both born in 2006 at separate hospitals.
- Both children have severe physical disabilities (classified as GMFCS Level 5) and brain damage.
- Liam is tube-fed and fully dependent on others, while Kayleigh also has limited vision.
- Both experience severe epilepsy and seizures, managed with anticonvulsant medications.
Cerebral palsy during labour: Negligence in healthy pregnancies
- Hannah Baker was experiencing her first pregnancy, which was deemed unremarkable.
- Tracy Smith had a history of recurrent miscarriages and a previous emergency caesarean section.
- Both mothers attended regular antenatal check-ups and raised concerns about limited fetal movement. Despite reassurance from normal CTG readings, problems arose during labour.
Medical experts identified failures in monitoring and timely intervention, resulting in preventable brain damage.
The importance of fetal heart monitoring
Monitoring the baby’s heart rate is critical during pregnancy and labour. A normal fetal heart rate ranges between 110 and 160 bpm.
- Bradycardia refers to a heart rate below 110 bpm.
- Tachycardia refers to a heart rate above 160 bpm.
Abnormal heart rates can signal fetal distress and oxygen deprivation. In both Liam’s and Kayleigh’s cases, medical experts concluded that fetal heart monitoring was insufficient.
Monitoring failures
- Continuous electronic fetal monitoring was discontinued for both mothers after 30 minutes, against best practice guidelines.
- NICE guidelines recommend that, without continuous monitoring, midwives should conduct auscultations every 15 minutes for at least 60 seconds.
- In Hannah’s case, auscultations were conducted at half-hourly intervals, despite her experiencing severe abdominal pain – a potential sign of placental abruption.
- For Tracy, with a history of miscarriage and traumatic birth, continuous monitoring should have been prioritized. Her initial abnormal CTG trace was disregarded, and it took two hours before medical staff intervened.
Detecting cerebral palsy and brain damage after birth
After birth, both Liam and Kayleigh had low Apgar scores, indicating distress.
- Kayleigh was floppy and struggling to breathe.
- Liam required immediate resuscitation and was placed on a ventilator.
Both children were diagnosed with acute hypoxic ischaemic encephalopathy (HIE), a form of brain damage caused by oxygen deprivation.
The court process for cerebral palsy medical negligence cases
After gathering extensive evidence from independent medical experts, our solicitors instructed a barrister to represent the families. The court process involved:
- Statements from the families.
- Medical evidence evaluating the timing and cause of brain damage.
- Determining whether earlier intervention could have prevented the injuries.
Cerebral palsy compensation
Although neither case has concluded, liability has been resolved. The next step involves determining the compensation amount, expected to reach multi-million-pound settlements to provide lifelong care and support for Liam and Kayleigh.
Free expert medical negligence advice
At Tees, our experienced medical negligence solicitors are dedicated to supporting clients and their families.
If you have concerns about your medical care, we offer free, confidential, and no-obligation consultations. Contact us via our enquiry form or arrange for a home visit if preferred. We’re here to help you through every step of your journey.
