Injury to Baby During Childbirth Results in £9 Million Compensation Payout

Following a medical blunder at Bedford Hospital, an eight-year-old boy is set to receive £9 million in compensation. He is just one of hundreds of babies who are injured – or killed – as a result of NHS negligence each year.

Hospital negligence during childbirth resulted in brain injury

An eight-year-old, who cannot be named, has been awarded a seven-figure compensation sum after suffering medical negligence during the course of his birth. The youngster was born at the hospital in Kempston Road, Bedford in 2006. However, medics failed to spot complications with his birth. He consequently suffered severe brain damage.

The young boy will now be in a wheelchair for the rest of his life. He has very limited movements in his arms and suffers from involuntary movements in all his limbs. He is unable to speak and in order to communicate, the boy has to rely on high-tech communication aids.

His parents commenced legal action, with Bedford Hospital NHS Trust admitting responsibility for the boy’s injuries at an early stage.

Deciding on the medical negligence compensation payable, Mr Justice Foskett, sitting in London’s High Court, said that a “substantial claim” had been made, with the “only fly in the ointment” being the funding of the child’s education at a specialist school. The issue was resolved, with an overall compensation package agreed, worth around £9 million. The child’s family will receive a lump sum payment, with annual, index-linked and tax-free payments across the boy’s lifetime in order to cover the costs of his care for life.

Mr Foskett described the young boy as “delightful and admirable”. He also praised the family, stating “what people do in these kinds of situations is quite amazing". A Bedford Hospital spokesperson issued an apology from the Trust and said:

“We are pleased that a settlement has been agreed and we wish the boy and his family all the best for the future.”

1,300 babies injured or killed last year as a result of negligence

Official figures have revealed that last year alone, 1,300 babies were injured or killed through NHS negligence, which cost the health service £1 billion in compensation payments. One in four settlements were awarded due to failures by midwives and doctors to monitor the heart rate of babies, with the largest compensation awards made to children who had been left with brain damage and requiring round-the-clock support for the rest of their lives.

Alan Cameron of the Royal College of Obstetricians and Gynaecologists, said that babies who were left brain damaged through nursing errors, were “the real tragedies”, with “the average settlement for some cerebral palsy cases can be £5million and beyond. He stated:

“If we could show some improvements in that then we could maybe direct some funds back into the service.”

A spokesman from NHS England commented “at a time when we need to get the best possible value within the NHS, the need to ensure the highest standards of safety becomes more urgent, not less.”

How to claim compensation for nursing, surgeon and consultant negligence

You are entitled to expect a certain standard of treatment from those providing medical assistance to you. If this treatment falls below standard you may be entitled to recover the cost of the private medical treatment needed to correct the failings on the part of those originally treating you. Our goal at IBB Solicitors is to obtain justice for victims of the negligence by others, by securing compensation that reflects their pain and suffering, as well as related financial losses including loss of earnings, treatment costs and specialist care costs.

If you want to enquire about making a medical negligence claim, please contact one of our medical negligence solicitors on 01895 207835 or 01895 207295.

Alternatively, you can send an email with your name and contact information and brief details as to the nature of the accident/clinical negligence and the injuries sustained to malcolm.underhill@ibblaw.co.uk and one of our team will be able to help you.

Resources

Calculating Compensation for those with Life-Long NeedsCompensation Payout For Hospital Negligence Resulting in Brain Damage and Cerebral Palsy to Unborn Child