Our medical negligence team have helped secure a settlement for a mother (CXZ) who suffered psychiatric injuries following negligent delays in delivering her baby which meant he was born in poor condition, requiring resuscitation.
Whilst 38 weeks pregnant with her second child, CXZ noticed reduced fetal movements and attended hospital. The baby’s condition was assessed, and doctors had concerns about the baby’s heartbeat. There were delays in making the decision to deliver the baby by caesarean section due to fetal distress and the baby was sadly born in poor condition. He was silent and CXZ was told he was struggling to breath and needed resuscitation. This was an outcome CXZ wasn’t prepared for and it was deeply traumatising for her to witness her son’s parlous condition.
Following the delivery, CXZ sustained a significant psychiatric injury which is ongoing, and she has been diagnosed with Post Traumatic Stress Disorder and Major Depression.
CXZ experiences flashbacks of the delivery, which are triggered by attending hospital appointments with DXZ, certain hospital smells and media representations of trauma. This is usually accompanied by waves of negative emotion, sometimes also with dissociation. She has also suffered with profound fatigue due to frequently disturbed sleep and difficulties with concentration.
CXZ got in contact with our medical negligence team and her case was handled by Dami Oloyede and Georgie Cushing, solicitors in our London office. The case was investigated, and the team secured an early, pre-action admission of breach of duty from the Defendant Trust confirming DXZ should’ve been delivered 90 minutes earlier.
Following this admission, causation was investigated for the child’s claim and a claim pursued for both mother and child. CXZ’s claim was quantified and a six-figure settlement reached on a 55% liability percentage basis at a settlement meeting between the parties.
The settlement will help fund the costs of the private psychiatric treatment and mitigate her loss of earnings as a result of her psychiatric injury.
Georgie continues to represent CXZ’s son, DXZ, in his birth injury claim, which is ongoing.
If you, or a loved one, has been affected by medical negligence, then please get in touch as we may be able to help you make a claim. You can fill in our contact form and we will call you back.
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