Compensation for Rosie after Medical Negligence at Birth

Rosie suffered from brain damage at birth. We proved that the medical team was negligent and we obtained a substantial settlement for Rosie. This has allowed her to live in an adapted property that is specific to her needs. It also funded additional private medical treatment.

Rosie’s mother arrived at hospital with severe pain which suggested she was in labour. There were delays before she was examined and assessed, by which time the baby was in distress. The trace showing the baby’s heart rate confirmed this. Rosie’s mother needed a caesarean section but this was also delayed. It took longer than the standard 30 minute time period from decision to delivery. Rosie suffered brain damage at birth.

The Hospital accepted there had been delay. They did not agree that delivering the baby earlier would have prevented all Rosie’s brain damage. We obtained supportive medical expert evidence and just weeks before Trial the hospital admitted full liability. They accepted that if Rosie had been born 17 minutes earlier she would not have suffered brain damage.

Once the hospital has admitted liability, we applied for an interim payment to secure money for a property purchase. The family had found a suitable property in the village where they lived and where Rosie had grown up and felt secure. It was a rare opportunity.

Rosie’s Family Life

Rosie’s family had always been extremely active. They wanted to ensure that all the family were able to enjoy holidays and activities together. Rosie received substantial compensation so the family has been able to pay for the additional cost of providing Rosie with an adapted bicycle and a caravan that she could access.

The family were keen gardeners and so we included the cost of raised flower beds and an accessible greenhouse within the compensation. As Rosie grew older her leg muscles started to stiffen and doctors recommended a course of Botulinum Toxin injections to loosen the muscles and maintain mobility. She needed intensive physiotherapy to achieve the maximum effect from this treatment. This was a carried out privately and it was expensive. However, we had included a report from the expert physiotherapist in the claim for compensation so the family knew that Rosie would be able to receive this treatment. The good news is that Rosie has really benefitted from this treatment.

Our Clinical Negligence team was delighted see Rosie attend Court. She was there when the Judge approved the settlement figure. She still enjoys looking at a photograph of her trying on her Barrister’s wig….. and no, she would not release a copy for publication!

Find out more about our work with families with experience of childbirth trauma or get in touch by email.