90% liability settlement in a birth injury clinical negligence claim

This client suffered a serious neurological injury during their pre-term delivery at St Richard’s Hospital, Chichester, in 2012.

Medical evidence accepted that they experienced a period of reduced oxygen supply before delivery because of a developing placental abruption. This part of the injury was not considered preventable. The key question was whether an earlier delivery would have avoided their severe injuries.

The claim raised concerns about the advice given to their mother when she contacted the labour ward, the interpretation of monitoring once she arrived at hospital, and delays after doctors decided that an emergency caesarean was needed.

There were also questions about the management of this client’s low blood sugar after birth and whether this contributed to their overall injury.

This client has cerebral palsy affecting their whole body, alongside microcephaly, a condition involving a smaller-than-expected head size.

They also have severe global developmental delay and epilepsy. They receive nutrition through a gastrostomy tube.

This client needs round-the-clock care and has a restricted life expectancy. Their complex needs mean they will require extensive support throughout their life.

This client’s disabilities mean they face significant challenges every day and will need lifelong care and support.

Their family have had to plan for their long-term needs, including suitable accommodation and an extensive programme of care and therapy.

The uncertainty over the claim also made it harder for the family to know what financial support would be available. Securing a settlement on liability gave them greater reassurance while the full value of the claim was assessed.

The team on the case reviewed this client’s medical records and obtained expert evidence to investigate the circumstances of their birth and neonatal care.

The hospital admitted that there had been a negligent delay of around one and a half hours in managing this client’s low blood sugar after birth. However, it denied that this delay contributed to their injuries and disputed the allegations of negligence against the midwifery and obstetric teams.

The team issued court proceedings because the hospital continued to deny overall responsibility. The court listed a trial to determine liability, meaning whether the hospital was legally responsible for this client’s injuries.

The claim involved complex medical evidence and disagreements over what had caused this client’s injuries. The team on the case put detailed questions to the hospital’s medical experts, helping secure concessions that supported this client’s position.

However, important disputes remained, including whether there had been unreasonable delays in delivery and whether problems with neonatal care had contributed to their injuries.

At a remote settlement meeting arranged during the COVID-19 restrictions, the parties agreed that the hospital would accept 90% liability. This meant the claim could move forward to assess the compensation this client needed, without the uncertainty of a trial on liability.

The 90% liability settlement gave this client and their family greater security while the team on the case worked to establish the full value of the claim.

An interim payment of £500,000 was also secured. This provided immediate funding to help meet this client’s care needs before the final compensation amount was assessed.

The team was then working to calculate the full compensation needed for this client’s future. The source confirms that they will require suitable housing, extensive care and therapy throughout their life, but it doesn’t state the final compensation amount.

If your child has suffered an injury around the time of birth and you’re concerned about the care they received, Fletchers can help you understand your options.

Contact us today to speak to our birth injury and medical negligence team.