NHS Trust admits delivery errors causing brain injury at birth

Our client

8 year old Eliza* was injured after delays in her delivery reduced the supply of oxygen to her brain, causing a hypoxic ischaemic brain injury. Eliza has been diagnosed with dyskinetic/athetoid cerebral palsy with learning difficulties.

The result

The specialist cerebral palsy medical negligence team at Boyes Turner obtained a full admission of liability from the NHS Trust involved.

Investigations will now take place to ensure that Eliza’s needs as a consequence of her cerebral palsy are fully met for life and that Eliza is given every support to live her life as independently and successfully as possible.

Whilst the investigations are ongoing, substantial financial assistance will be obtained to pay for immediate needs such as care, therapy, aids and equipment. Early financial assistance will also help cover financial losses already incurred as a result of Eliza’ injury.

The claims process

When our cerebral palsy claims team were first contacted, we investigated the circumstances of Eliza's delivery, what went wrong and whether the brain injury that caused Eliza's dyskinetic cerebral palsy could and should have been prevented. This required building a case carefully with detailed witness statements, analysis of the medical records and support from experts with whom we have worked over the years in disciplines of midwifery, obstetrics, neonatology, neuro radiology and paediatrics.   

The evidence confirmed that Eliza’s injury was caused by avoidable hospital mistakes around the time of her birth. A formal letter of claim was sent to the NHS Trust concerned setting out the full circumstances of labour, delivery and the cause of Eliza’s injury.     

Following receipt of our allegations, the NHS Trust fully admitted liability for Eliza’s brain injury.

How was the claim funded?

Legal aid was granted and there has been no cost to Eliza or her family in making the cerebral palsy claim.

The future for Eliza

The admission of liability and subsequent entry of judgment at court and the immediate payment of a substantial sum on account of the eventual compensation award will provide certainty for Eliza and her parents. 

Immediately available funds will be used to maximise Eliza’s developmental potential and ensure that her needs are met fully at home with her family. 

We work closely with experts in the fields of educational psychology, care, physiotherapy, occupational therapy, speech and language therapy, assistive technology and accommodation to implement the best, and most suited, assistance in the immediate and long term future.

With compensation secured, Eliza will receive the assistance she needs for the rest of her life.

*All names have been changed for client privacy.