Mother and child both receive compensation after making a birth injury claim
Our specialist clinical negligence team was approached by our client (who for confidentiality reasons we will refer to as Ms W) after she experienced a traumatic delivery, leading to PTSD symptoms, anxiety, and depression. Not only was she affected, but her son also suffered potential lifelong injuries due to the distressing birth.
Ms W’s journey began when she was assessed by the antenatal team as low risk and was assured of midwifery-led care. Her pregnancy progressed smoothly until she reached full-term. As contractions started at home, she sought help from the birthing centre. Initially, her contractions were irregular and mild, but by evening, they intensified, and she was found to be 3cm dilated.
The following morning brought more challenges. After another examination, it was discovered that she was 4cm dilated, her waters had broken, and monitoring began. Alarmingly, a deceleration in the fetal heart rate was noticed. An examination revealed that she was now 8cm dilated. Despite a concerning fetal blood result of “Ph7.25”, the decision was made to wait another hour for a second sample. This led to the urgent need for a category 1 caesarean section.
The distress didn’t end there. Ms W had to endure the agonising wait as her baby needed resuscitation and was then transferred to the neonatal team for two days.
Caroline Webber-Brown, a solicitor who is a birth injury claim specialist, took on Ms W’s case, working under a no-win-no-fee agreement. She also made a separate claim for Ms W’s son.
Caroline sought expert medical reports to substantiate Ms W’s PTSD diagnosis and its profound impact on her life, including her fear around having more children.
Supported by a consultant psychiatrist’s report, Caroline presented her allegations to the NHS Trust. She argued that if a caesarean section had been performed after the first concerning fetal blood result, Ms W’s son would not have required medical intervention, and Ms W would not have developed PTSD.
A Consultant Neonatologist supported Caroline’s allegations, agreeing that if the baby had been delivered 70 minutes earlier, he likely would not have required neonatal care. This led to Caroline concluding an out of court settlement of Ms W’s claim. She also recovered compensation for Ms W’s son.
Caroline was pleased to secure a successful outcome for both mother and child, bringing some solace to their traumatic experience.
