Shirley Giani who leads our clinical negligence division has dealt with cases which resulted in multi-million-pound settlements.

A claim for a catastrophically injured client reached a settlement of £22 million which Shirley handled with a team of experts, barristers and solicitors. Substantial payments on account were obtained to maximize the quality of the claimant’s life to enable therapies, private schooling and housing during the life of the claim and prior to settlement which brought about great improvement to the claimant’s life.

Shirley represented the child of a pregnant mother who was booked into a London NHS hospital. The NHS Trust was wholly responsible for the provision of her care and patient services. The mother was initially registered as a low-risk pregnancy. The pregnancy itself was uneventful and at 41 weeks with no sign of birth, the mother of the child was examined at the hospital by a trained midwife. At that time, it was recorded that she was carrying a normally grown foetus.

At 42 weeks the mother was admitted to hospital in the late afternoon for the induction of labour. The same midwife examined her and noted irregular contractions every twenty minutes.  Various checks and observations were carried out throughout the night. The following morning it was noted that the baby’s heart was auscultated and a deceleration of heartbeat was noted with a contraction, but no action was taken. The midwife should have continued to auscultate the foetal heart for one minute after the contraction but did not.

This was now a high-risk labour as the mother was 42 + 1 week pregnant. There was no CTG monitoring carried out when it should have been as various complications began to occur. It was again noted that the foetal heartbeat was decelerating, added to which there was deemed not to be a spontaneous rupture of the membranes, this it was believed was intermixed with urine. This is known in the medical world as meconium staining. It is generally regarded as the first sign that a baby is in distress. Again, no CTG was carried out.

Eventually the mother was transferred to the delivery suite. A number of delays in calling a doctor to examine the pregnant mother and foetus occurred, this seriously affected the foetal safety. A doctor was eventually called to attend, after an examination a Consultant attended and instructed an immediate emergency Caesarian section. This decision was taken too late.

A number of attempts at Ventouse (vacuum cup) delivery were made, with the cup coming away from the baby’s head twice. Following this, it was decided to continue delivery using forceps. By this stage, the baby had been asphyxiated and was effectively still born at delivery.

Vigorous attempts at resuscitation were carried out and finally the baby showed signs of life and was intubated and ventilated. The baby went on to develop encephalopathy with fitting, suffering permanent brain damage caused solely through medical negligence.

As the legal representative to the baby (through the mother), we identified 24 individual instances of medical negligence by the medical staff and their agents of the hospital during this birth, which we placed before the court.

Proceedings were issued in the Royal Courts of Justice in London, but we won the case without a trial or hearing because of the evidence we gathered for our client. The claimant was awarded the sum of £22million which included payments for future losses This covered the following non exhaustive list:

• General damages for pain and suffering and loss of amenity
• Interest on general damages
• Past losses incurred to the date of the trial
• Interest on past losses
• Future loss of earnings
• Future costs of care and case management
• Future aids and equipment
• Future therapies and medical treatment
• Future accommodation costs
• Future IT and assistive technology
• Future transport
• Future holidays

If you feel you have suffered medical negligence in any form, then contact us through the enquiry form at www.seriousinjurysolicitors.co.uk today for a FREE discussion of your case and to see if we can help.

A thirty-year-old client who was in labour and having frequent contractions was admitted into hospital for birth delivery. She was accompanied by her partner and together they were advised that the birth would take place in the midwifery led unit of the hospital, she was taken there.

It was close to two hours after this transfer before she was assessed or seen by a midwife. She was 5cm dilated and was given codeine to deal with the pain. At this stage, no one had mentioned an issue with the baby’s position in the womb. The expectant mother was told to wander around or use a birthing ball.  

After a labour lasting some 14 hours, nine of which she was in extreme pain, losing blood and suffering the baby was delivered finally by emergency caesarean section and was fit and well. However, as a result of the childbirth trauma endured, the mother never psychologically recovered.  Her mindset and family plans have changed. She no longer wants children and struggles with intimacy with her partner as she fears further pain.

It was argued that an epidural should have been given prior to administering the Syntoconin and this, along with other negligent actions, had been the cause of traumatic childbirth. A case was proved of the lifelong psychological trauma the client now suffered as a result of these failures.

A five-figure fee was successfully claimed from the Trust.

Client X was a pregnant woman whose labour had gone full term, plus nine days. Unfortunately, when admitted to hospital, an emergency caesarean section had to be carried out, and sadly the little girl was still born. Client X was told the sad news, and left to deal with it on her own as hospital staff went about their business in an unsympathetic way. She wasn’t even allowed to hold her child. Once a still worth compensation claim had been started, professional bereavement counselling was organized for Client X.

The Trust concerned denied any responsibility for the psychiatric issues suffered by Client X. It was later shown that there advice during labour and post delivery had not been carried out in accordance with good practice and they were negligent in their duty of care for the patient.

A five figure settlement agreement was reached in the favour of Client X.

Every child that is born has to go through a number of basic yet fundamental health checks. One of these is checking for developmental dysplasia of the hip (DDH). A delay in identifying such a problem for this client caused long term complications that required extensive surgery. Previously known as congenital dislocation of the hip, it is more common in girls and through breech delivery.

Essentially, this is a medical condition where the ball and socket of the hip joint fail to sit correctly. If detected soon enough, it can, in most children, be treated over time. It is easier to diagnose when the child is weight bearing usually between the ages of 6-9 months. It often occurs in just one hip but sometimes affects both.

According to records, the client had her hips checked shortly after she was born, showing no abnormality.

At nine months, medical professionals noted that she was not placing weight on her feet but did nothing. A diarised plan to check her again when she was a year old never took place. Concerned, her mother sought her GP’s advice as her daughter appeared to walk with a limp, and there seemed to be an issue with her left leg when she was walking. The GP checked the child and confirmed that all was well, with no problems. At the age of almost six (five years after the initial GP consultation), the child was referred by the GP to an orthopaedic surgeon who instantly diagnosed dislocation of the left hip. Resulting in corrective surgery which greatly affected her life and schooling.

On the client’s behalf a claim of medical negligence was pursued against the GP’s, Health Visitors and NHS Trust. An independent orthopaedic surgeon confirmed that earlier diagnosis would have led to less extensive surgery and a better prognosis. Further experts predict that she will develop mobility issues later in life and will require total hip replacement by the age of 40.

After initial denial by the Trust, the evidence was overwhelming, and a five-figure sum was secured for the client.

This child client was the third pregnancy his mother had conceived. As a result of previous childbirth issues, third-degree tearing and premature birth, she was allocated a consultant. This pregnancy was normal until she was admitted to the labour ward of her local hospital. A routine CTG trace took place and was determined normal.

A further CTG trace took place after a change of shift, this time abnormalities were documented, the mother was suffering excruciating pain in her womb. A short time later a duty midwife visited her and reviewed her condition. She at once activated the emergency alarm, resulting in a number of hospital staff rushing to her bedside. An emergency caesarean section was required to save the unborn child.

After being transferred to the theatre a vaginal examination confirmed her condition as fully dilated. It was decided to attempt instrumental delivery using forceps. The child was born and according to medical records was delivered in ‘one pull and in excellent condition’.

Throughout the days that followed, various health checks of the baby were carried out by hospital staff, no abnormalities were detected or reported. Shortly after this, it was noticed that the child was not moving his left arm and was transferred to the special care baby unit for additional tests. Afterwards, his mother was advised that her baby’s nerves had been stretched during the delivery, the diagnosis was Erb’s Palsy and shoulder dystocia. A left-sided brachial plexus injury during childbirth was the official term used. Physiotherapy, and possibly surgery would be required in the future. No follow up hospital appointments occurred. 

A nursery schoolteacher was concerned around three years later, when she saw the boy was not using his left arm and was holding it in a fixed, bent position. As a result, he has undergone two separate operations for corrective shoulder surgery. 

Legal staff contacted the NHS Trust concerned, and a full denial was forthcoming. When court proceedings were issued, accompanied by supportive evidence, a full seven-figure settlement was agreed on the grounds of medical negligence.

After a complicated birth, this client suffered a brain injury at birth leaving him with cerebral palsy. When the family complained to the NHS Health Authority responsible for the hospital where he was born, the family was told there was no case to answer and the brain injury could have occurred in the womb. They emphatically denied it was anything to do with the medical process during the birth.

A thorough investigation of the facts was carried by an independent legal team, and it soon became clear that various routine health procedures had not been adopted, in fact they had been ignored. An expert medical team identified twelve different failures which would affect or cause the brain injury. Evidence confirmed that there had been a delay in delivering the client, following an abnormal trace of his heart. This resulted in him suffering a severe lack of oxygen which in turn led to brain damage, and the development of cerebral palsy.

Still the NHS Health Authority denied any wrongdoing by their medical staff.

It was decided that the client’s case should be pursued to the High Court in London. Prior to the hearing, the NHS admitted responsibility and a compensation package was agreed. 

The High Court in London approved the final settlement, and the client has compensation for the brain injuries he suffered at birth. The Health Authority provided an apology to him and his family.

This is another sad case where a child was starved of oxygen during birth, resulting in cerebral palsy. As the second to be born twin she was delivered by caesarean section, during which time she suffered severe brain damage due to a starving of oxygen to the brain during the delivery, resulting in her cerebral palsy. The child struggles to do anything for herself and requires constant support and supervision. This has affected not only her life but that of her entire family.

After taking on the case a full legal team investigation was carried out, through this it was quickly ascertained that the staff team who delivered the twins had struggled with the client whose condition hadn’t been checked, and she had been left too long without oxygen. This had been recorded in the delivery medical notes.

The NHS Trust responsible for the hospital was contacted and issued a claim, complete with supporting evidence. Quite unusually, the Trust in question admitted full liability, negating expensive Court proceedings and costs.

Whilst a seven-figure sum can never compensate for the pain and suffering of the client and her family, it has helped provide the best health care and equipment for her ongoing needs.

Occasionally, medical complications can occur through natural causes during childbirth. This next case study is anything but natural. Whilst in labour, a usually fit and healthy mother suffered a cardiac arrest, this was following the incorrect administering of the epidural into the subarachnoid space.

During the period of cardiac arrest, her child was starved of oxygen. As a consequence, it was decided to deliver the baby by caesarian section without delay. As a result of this rushed procedure, the infant suffered a left brachial plexus injury, with two severe weaknesses in her left arm. Further operations failed to resolve this significant disability.

The child is perhaps fortunate not to have suffered any form of brain injury as a period of hypoxia occurred during the birth.

A complex claim such as this required the professional opinions of medical experts across a wide spectrum of fields: Obstetrics, Anaesthesia and Orthopaedic Surgery. After careful consideration, the medical evidence dictated medical negligence particularly in inserting the epidural into the subarachnoid space. Subsequent failure to recognise that it was incorrectly inserted resulted in the mother suffering cardiac arrest.

Additional evidence from an independent obstetrician confirmed that had the baby not been delivered without the obstetric emergency, the brachial plexus injury would never have occurred.

The legal investigation revealed that medical staff had been consistently negligent; they failed to insert correctly the epidural, in addition, they failed to recognise this error, and this failure led to cardiac arrest.

The NHS Trust defended the claim, however, through dogged perseverance we were able to prove and agree on a resolution, with a suitable six-figure financial sum in compensation being awarded to the client.

If you feel you have suffered medical negligence during childbirth, then contact us now for a FREE no obligation quote and claim assessment on a no win no fee commitment, why not give Shirley’s team a call today on 0330 0011183.

www.seriousinjurysolicitors.co.uk are here to help you. We listen. We care. We understand.

Whilst in the latter stages of labour, Mrs X experienced difficulties. There was some concern regarding the heartbeat of her baby. An obstetric doctor was called to attend. The doctor performed an episiotomy before delivering the baby with forceps. During this procedure, there were issues with the placenta.

During the act of trying to deliver the placenta, the doctor severed the umbilical cord. Mrs X was given surgery by the same doctor to remove this and repair a serious 3rd-degree tear that had happened during labour. As a consequence of this surgery, Mrs X suffered bowel incontinence and excessive flatulence, she was in pain coming from where the tear had been. Midwives in the community assured her all was well and not to worry.

Her condition deteriorated to the extent that she was readmitted to hospital for surgery on a damaged anal sphincter, caused by the 3rd-degree tear. The entire affair caused Mrs X many personal and professional problems. She was psychologically scarred, and her relationships suffered.

By recruiting expert colorectal and obstetric surgeons to examine Mrs X it was confirmed the issues had originally been caused by surgery to the 3rd-degree tear during theatre surgery. It was not correctly repaired.   

The NHS Trust in question denied all liability and blamed it on an infection.

Once Court procedures against the Trust had commenced, it was confirmed that the doctor carrying out the procedure had not carried out such surgery before, this was his first attempt, and he should have been physically supervised when operating on Mrs X.

With expert legal assistance, the client successfully won her claim and received a six-figure sum in compensation with a full written apology from the Trust.