A mother and daughter are suing a health board for a minimum of £300,000 claiming medical negligence caused her baby’s chronic brain damage and her own lasting psychological trauma.
Her mother initially believed her daughter was born dead and was so traumatised by the manner of the birth she claims she suffered psychiatric injury and later gave up her daughter for adoption.
It’s alleged the baby was born with cerebral palsy due to a negligent birth delivery and there was a failure to properly monitor her mother during labour, in a claim lodged with the High Court of Justice.
Now aged seven, the little girl’s condition is so extreme she has been left a prisoner in her own body, unable to walk or talk or ever lead an independent life of her own, it says.
It means the mother and daughter’s unique legal action includes the girl’s guardian who is acting as an official litigation friend.
All three, from Caerphilly, claim negligence by nursing staff at Aneurin Bevan Local Health Board caused “fetal hypoxia,” meaning the unborn child was deprived of an adequate supply of oxygen.
The girl was born in 2006 with her umbilical cord wrapped tightly around her neck on delivery.
Documentation for the claim describes her as being “blue in colour and apparently lifeless” when placed on her mother’s chest, moments after being born.
Despite rapid action taken to resuscitate her, “spontaneous breathing” was not achieved until 35 minutes after her birth.
Records written by a medic after her birth state: “Did not cry at birth. Airways opening manoeuvres and suction done and IPPV (or manual chest massage) by midwife.”
Lawyers acting for the family claim her brain damage was “entirely due” to oxygen deprivation at Caerphilly Birthing Centre.
They allege a series of medical shortcomings by nursing professionals including failure to properly monitor the baby’s heart and other vital signs or record the mother’s raised temperature.
They also allege a midwife was absent from the birthing room for up to 20 minutes at a time during the late stages of labour and there was a failure to call in expert assistance early enough.
The family claim that there was a failure to “arrange immediate or prompt transfer to the main obstetric unit at the Royal Gwent Hospital” in Newport following the birth.
Lawyers claim that the outcome is that the baby was left suffering “spastic quadriplegic cerebral palsy with very little volitional movement”.
It adds: “She displays severe epilepsy, severe cortical visual impairment, double incontinence and major learning difficulties.
“She will never be able to walk, talk or lead an independent existence. Her disability is at the most extreme end of that which can be seen in childhood cerebral palsy.”
The case against the health board also alleges that there was a breach of duty in the care that the mother received, that also amounts to negligence.
The mother was so shocked by the manner of the birth and the subsequent health of her daughter she developed severe post traumatic stress disorder (PTSD), it states.
The documents add that she “struggled to cope with looking after a severely disabled baby for six or seven months when she took the difficult decision to give her up for adoption.” It concludes that the family are claiming “damages exceeding £300,000” as well as lost interest and legal costs.
A spokesman for the Aneurin Bevan Local Health Board said: “As this is a legal case under investigation it would not be appropriate to comment.”
This article is courtesy from Wales Online.
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