Medical negligence case study: Kate Evans

In March 2001, Kate Evans went into labor with her first child. Her daughter, Milly, was born via emergency C section after her heart rate dropped. The newborn was immediately rushed to the neonatal unit where she was resuscitated and suffered a seizure. The traumatic birth caused severe damage to the baby’s brain.
 
Milly was found to have Cerebral Palsy as a result of the oxygen deprivation she experienced. The midwife assigned to her initially checked her heartbeat, but failed to continue to monitor it. This caused a delay in delivery and the birth injury to Milly’s brain.
 
Now twelve years old, Milly cannot speak and is confined to a wheelchair. She requires nursing care at all times. Her father was forced to quit his job in the RAF because of Milly’s condition.
 
Kate and her husband Andy filed a claim against the United Lincolnshire NHS Trust. They asked for compensation to be used to fund Milly’s lifelong care. While the trust admitted fault, it initially challenged the settlement amount. The two sides finally agreed on a sum of £10.8m. The family received an initial sum of £5.86m. The remaining money will be given in periodic payments over Milly’ lifetime.
 
The settlement, which is thought to be one of the highest ever awarded for medical negligence in the UK, will be used to continue to provide constant medical care for Milly. The Evans family also plans to buy specialized medical equipment and a house designed to accommodate a wheelchair.
 
While Kate and Andy are grateful for the compensation, they acknowledge that it will never undo the damage done to their daughter. “Milly is a very beautiful, bright, kind and loving daughter. I feel utter grief and loss for the life Milly could have had if she had not been injured,” said Kate Evans. “The family have been through a very difficult time. The money will never make up for the mistake that condemned Milly to a lifetime of dependency on others."
 
A representative for the trust apologized to the Evans family and said that considerable measures had been taken by the hospital to prevent a similar occurrence.