Compensation Award Helps with Care in Cerebral Palsy Case

Posted on October 5, 2016

A teenager has received a large settlement award after a birth trauma left her suffering from severe cerebral palsy.

Tameside Hospital NHS Foundation Trust have admitted a breach of duty of care and made an undisclosed settlement to the 19 year old.

The girl’s mother was admitted for observation and induced labour but a series of monitoring errors by the health professionals caring for her led to a failure to diagnose foetal distress and eventually a delayed delivery, by which time the baby was in a poor condition.

Delays by midwives to alert the Obstetrician and consequent culpable delays by the doctor in proceeding to an emergency delivery were said by the claimant’s solicitor at Pearson Solicitors, to have caused her to be avoidably brain damaged.

Following resuscitation she was transferred to the special care baby unit where she developed fits. Her long term diagnosis is of severe cerebral palsy and epilepsy.

Cerebral palsy can be caused by damage to the brain usually during labour or in the few hours or days after birth when the baby is starved of oxygen.

Commenting on the case, Head of Clinical Negligence, Jacqueline White said: “Children affected by this condition are often profoundly disabled requiring 24 hour care and assistance and this is reflected in the settlement made to the family. Hospitals have a duty of care to their patients and this care was found wanting at Tameside hospital.

“No amount of money can give her back the childhood of which she has been robbed and for a variety of reasons it has taken the family a number of years to gain the financial assistance they deserve. All too often families in these situations find that the diagnosis has catastrophic effects on their lives and their financial situations, but they can now begin to move forwards.

“The settlement will give them peace of mind that she will have annual payments for the rest of her life to pay for necessary care, as well as a lump sum.”

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

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