Medical Negligence Lawyers Join 42-Year-Old In Calling For Lessons To Be Learned

A mum has been left psychologically impacted and unable to have more children, while her son is severely disabled following failings in their maternity care at a London hospital.  

Sim Kaur was scheduled to undergo a Caesarean section to deliver her second son, Fateh, at Hillingdon Hospital in Uxbridge in August 2018. However, due to him moving position, it was decided to opt for a vaginal birth.

During labour, doctors reported the baby’s heart rate to be normal. However, it was later discovered that it had been pathological more than once, which would have indicated the need for an urgent delivery.

Sim suffers birth trauma injury during delivery

Sim, 42, of Hertfordshire, began complaining of severe pain. An ultrasound scan found she had suffered a uterine rupture and large haemorrhage. She lost three pints of blood.

An emergency C-section was performed, with baby Fateh born in a very poor condition. He wasn’t breathing and was floppy and pale with no heart rate. 

Fatheh diagnosed with cerebral palsy after being starved of oxygen

Due to being starved of oxygen, he was transferred to another hospital for brain cooling. He began suffering seizures and an MRI scan identified brain damage.

Fateh was discharged home in October 2018.  He is tube fed and receives medication for his seizures and muscle spasms. He has significant respiratory problems and requires regular suctioning to manage his secretions. He has since been diagnosed with cerebral palsy and has a significantly reduced life expectancy to his late 20s.

Medical negligence lawyers asked to help family access specialist rehab and support

Following her son’s diagnosis, Sim instructed expert medical negligence lawyers at Irwin Mitchell to investigate and help the family access the specialist support, rehabilitation and therapies they require.   

Hillingdon Hospitals NHS Foundation Trust, which runs the hospital, admitted that Sim’s rupture should have been avoided. It also admitted liability for Fateh’s injuries. It accepted that the management of his delivery “was not of an appropriate standard” and there was “a delay”, expressing “profound regret.” 

Irwin Mitchell is now working with the Trust to agree settlements for Sim and Fateh to ensure he has access to the lifelong care and support he will require.

Interim payments have been made throughout the case to ensure that Fateh has the appropriate equipment, therapies and team supporting him, which includes nurses due to the complexity of his needs. 

To mark World Cerebral Palsy Day, Sim is sharing her son’s story to raise awareness of the condition. She’s also calling for lessons to be learned to improve maternity safety for families.

Auriana Griffiths is the specialist medical negligence lawyer at Irwin Mitchell representing Sim and Fateh.

Expert Opinion

“What should have been a happy time turned to trauma and despair for Sim, who continues to be greatly affected physically and mentally by what happened to her and Fateh and following Fateh’s cerebral palsy diagnosis.

“Through our work, we sadly see too many families left devastated by birth injuries and life-long consequences these can have.

“While we welcome the Hospital Trust’s admissions, it’s vital that lessons are learned to improve maternity safety and prevent other families from going through what Sim and Fateh have.

“Sadly, Fateh’s life expectancy is significantly reduced due to his condition, but we’re determined to help him and Sim get the specialist support they need.” Auriana Griffiths

Birth injury: Sim and Fateh's story

Since his diagnosis, Fateh has been seen by a number of specialists including in the areas of paediatric neurology, nursing care, speech and language therapy, physiotherapy, occupational therapy, assistive technology, orthopaedic surgery and a respiratory physician.  In addition to his physical disabilities, an educational psychologist identified that Fateh has multiple and profound learning difficulties. He will require an adapted property and a highly qualified care team around the clock to meet his needs. 

Now, aged six, Fateh remains non-verbal and has undergone gastrostomy surgery to be permanently fed via a tube.  He’s also been diagnosed with epilepsy.

Fateh is classified as blind and has been admitted to hospital several times with respiratory symptoms and chest infections. He is fully dependent on others for all aspects of his daily living.  

Sim speaks out to help improve maternity safety

Sim, a former HR business partner, said: “When I was in labour, I was in severe pain and kept saying it was getting worse but nobody was listening to me. I felt completely helpless and I thought I was going to die.

“Since then, my mental health has suffered catastrophically. I will never recover from it fully and at some point I’ll lose my son as well.  

“As it is, he can’t walk, talk or eat by himself, and to know that his condition will only deteriorate is heartbreaking.

“My poor boy has been left with a devastating injury which will impact him for the rest of his life, and to find out that this should have been avoided had we received the care we should have and been delivered earlier is heartbreaking.

“It’s incredibly difficult not to think that when Fateh and I needed help the most, we were badly let down by those who should have looked after us. I really hope

that by sharing my story, something is learned from what’s happened. I wouldn’t want any other family suffering in the way we have.”

World Cerebral Palsy Day was on 6 October. 

Find out more about Irwin Mitchell's expertise in supporting families affected by maternity care failings at our dedicated birth injuries section. Alternatively, to speak to an expert contact us or call 0370 1500 100.