Mother sues former Norwich GP, alleging negligence resulting in baby daughter’s permanent brain damage

A former Norwich GP is being sued for more than £1m by a mother who claims her baby daughter’s permanent brain damage was caused by the doctor’s negligence.

Jane Bygrave, the mother of Molly Bygrave, now aged 17, is taking Dr Robert MacGibbon to the High Court in London after she alleges he failed to advise her to take her seriously-ill infant to hospital.

Ms Bygrave, who lives on Oxwick Road in Horningtoft, near Dereham, claims that as a result her 10-week premature daughter now functions as a five-year-old, has cerebal palsy and epilepsy.

The claim form seen by the EDP says Molly “will never work or achieve independence”, has a wheelchair for outside of the home and needs 24-hour care.

It describes how in February 1996 11-week-old Molly was taken by her mum to see Dr MacGibbon at Wensum Valley Medical Practice on Bates Green in Norwich after she became ill with vomiting and diarrhoea.

The following morning, says the document, her condition had not improved and Ms Bygrave returned to the surgery where the doctor noted the baby looked “well” but was still vomiting.

Later that evening, the claim form says Ms Bygrave rang the doctor to ask him to visit urgently as Molly had got worse, was beginning to appear “cold, drowsy and tired”, and had started to lose her colour, “becoming grey”.

The doctor said he would visit in the morning and advised Molly’s mother to wrap her daughter up warmly and give her regular fluids, according to the claim.

When he came to the house the next day, the claim says, he did not examine Molly and noted she was “better” and “sleeping”.

The claim submitted by Ms Bygrave’s solicitors, Norwich-based Rogers and Norton, says: “In fact, when the defendant [Dr MacGibbon] visited at 7.30am on the Sunday morning, Molly was not ‘better’ but was cold, grey, dehydrated and obviously seriously ill.

“These facts would have been detectable on any responsible assessment.”

Molly was taken to the A&E department, the claim document says, at the Norfolk and Norwich Hospital that afternoon where she was found to be seriously ill with a temperature of 29 degrees – eight degrees below normal.

She was moved to a specialist unit at the Glenfield Hospital in Leicester the next day with a transfer note from the N&N stating, according to the claim form: “Despite several visits by family doctors, Molly’s low temperature was not detected. She was grey... and peripherally shut down.”

Dr Robert MacGibbon is being represented by the Medical Defence Union (MDU) but was unable to comment on the case because of confidentiality.

The MDU refused to comment on whether a defence had been submitted, and no papers were available at the court.

The Wensum Valley Medical Practice also said they would not comment.

Ms Bygrave’s solicitor at Rogers and Norton said his client had nothing to add.

This article is courtesy of EDP24.