A twin who was left brain damaged due to complications during birth at Hemel Hempstead Hospital has been awarded a compensation package worth £3.9m after settling her case against a health trust.
Rachel Hartley and her twin brother Thomas were born prematurely at Hemel Hospital 14 years ago in 1999. Both suffered cerebral palsy as a result of being born early.
It was the twins’ case that staff at the hospital were negligent in failing to realise that their mother was in premature labour when she attended the hospital.
West Hertfordshire Hospitals NHS Trust denied liability but agreed to settle the case with each twin.
Today the Royal Courts of Justice approved an award for Rachel of approximately £3.9m, comprised of a lump sum and annual payments to be made for the remainder of her life.
The money will be held in a trust so Rachel can manage her own affairs when she is old enough.
Rachel’s award follows the award in March 2011 of a £2m lump sum to her brother Thomas in settlement of his case.
The twins, now 14 and attending Longdean School, were represented by clinical negligence specialist solicitor Sue Jarvis of BL Claims Solicitors.
Sue said: “This was a complicated case but the settlement today is an excellent one in the circumstances, where liability was never admitted.
“The twins’ family has cared for Rachel and Thomas lovingly over the years but they brought the claim because of concerns about the provision of the degree of care and attention that the twins will need for the rest of their lives.
“Each twin will require care, aids and appliances as they go through their lives and I am pleased to have helped them reach settlements that will ensure they are provided for.”
The twins’ mother attended Hemel Hempstead Hospital on October 25, 1999 complaining of stomach pains.
It was the twins’ case that staff should have spotted that she was in premature labour and given drugs to preserve the pregnancy long enough so that steroids could be given to strengthen the babies’ lungs before birth.
Both Thomas and Rachel suffered brain damage at birth, causing severe spastic quadriplegic cerebral palsy. Both need wheelchairs, have some learning difficulties and have trouble with fine motor hand movements.
It was their case that if appropriate treatment had been given then Rachel would have suffered no brain damage and most of Thomas’ damage would have been avoided.
The Trust argued that the treatment given to Mrs Hartley was reasonable and that even if they had realised she was in labour and given drugs, the twins would still have suffered disability.
In a statement, the twins’ parents said: “We’re delighted to have reached this settlement which will help secure the future for Rachel. It means we are reassured that she will be given the care she needs in the future.
“We’d like to thank Sue Jarvis of BL Claims Solicitors who has been a fantastic support to us over the 12 years since we started this case.”
This article is courtesy of the Hemel Today.
Regularly updated blog featuring news, articles and information relating to clinical/medical negligence.
Showing posts with label Cerebral Palsy. Show all posts
Showing posts with label Cerebral Palsy. Show all posts
Monday, 11 August 2014
Friday, 11 July 2014
QMC error sees £8m payout for Nottingham boy
A seven-year-old boy who was left with "catastrophic" brain damage after his birth will receive £8m compensation.
The youngster, who cannot walk or speak, was left with "profound lifelong" cerebral palsy after doctors at Nottingham's Queen's Medical Centre mishandled attempts to resuscitate him.
London's High Court heard there were deficiencies in the way medics dealt with the boy's birth in November 2006.
The hospital trust publicly apologised and said changes had since been made.
Mr Justice Lewis said the boy, from Nottingham, had "suffered complications" following his birth after which hospital staff "failed to provide adequate treatment for him".
He said the settlement would meet the boy's lifetime needs.
Dedication commended
"There were deficiencies in the way the hospital dealt with the need to resuscitate him," the judge added.
He said the hospital had "since taken steps to correct what went wrong so other families won't be faced with the same difficulties".
Lawyers representing the boy's family said he has acute learning difficulties and needs a team of carers.
The case had reached the High Court after his parents sought approval for a compensation package to be met by the hospital's managers, the Nottingham University Hospitals NHS Trust, which admitted liability.
The trust's barrister, William Wraight, publicly apologised for the errors.
"There were deficiencies in the provision of resuscitation on that day but these problems have been identified and corrected," he said.
The trust's chief executive Peter Homa added: "Whilst no amount of money can compensate for, nor undo the harm and distress the family have experienced as a result of this tragic case, we hope this settlement provides the family with financial security for the future."
Mr Justice Lewis said he was satisfied the settlement was "just and appropriate" and commended the boy's parents and family for their dedication to his care.
This article is courtesy of BBC News.
The youngster, who cannot walk or speak, was left with "profound lifelong" cerebral palsy after doctors at Nottingham's Queen's Medical Centre mishandled attempts to resuscitate him.
London's High Court heard there were deficiencies in the way medics dealt with the boy's birth in November 2006.
The hospital trust publicly apologised and said changes had since been made.
Mr Justice Lewis said the boy, from Nottingham, had "suffered complications" following his birth after which hospital staff "failed to provide adequate treatment for him".
He said the settlement would meet the boy's lifetime needs.
Dedication commended
"There were deficiencies in the way the hospital dealt with the need to resuscitate him," the judge added.
He said the hospital had "since taken steps to correct what went wrong so other families won't be faced with the same difficulties".
Lawyers representing the boy's family said he has acute learning difficulties and needs a team of carers.
The case had reached the High Court after his parents sought approval for a compensation package to be met by the hospital's managers, the Nottingham University Hospitals NHS Trust, which admitted liability.
The trust's barrister, William Wraight, publicly apologised for the errors.
"There were deficiencies in the provision of resuscitation on that day but these problems have been identified and corrected," he said.
The trust's chief executive Peter Homa added: "Whilst no amount of money can compensate for, nor undo the harm and distress the family have experienced as a result of this tragic case, we hope this settlement provides the family with financial security for the future."
Mr Justice Lewis said he was satisfied the settlement was "just and appropriate" and commended the boy's parents and family for their dedication to his care.
This article is courtesy of BBC News.
Wednesday, 25 June 2014
Boy, 7, awarded £8 million compensation package after care "deficiencies"
A seven-year-old boy stricken by catastrophic brain damage after his birth at Queen’s Medical Centre has won an £8 million compensation package - plus a public apology for the "deficiencies" in his care.
The boy, who cannot walk or speak, was left with profound lifelong cerebral palsy after medics mishandled desperate attempts to resuscitate him following his delivery at the hospital in November 2006, London's High Court heard.
Mr Justice Lewis, who approved a settlement designed to meet all the youngster's lifetime needs, said he had "suffered complications" following his birth, after which hospital staff "failed to provide adequate treatment for him".
"There were deficiencies in the way the hospital dealt with the need to resuscitate him", said the judge, who added that the hospital has "since taken steps to correct what went wrong so that other families won't be faced with the same difficulties".
The boy, from Nottingham, is able to smile and respond to his large family - whose devoted care was today praised by the judge.
But he also needs a team of carers to get him through the day and has acute learning difficulties, his lawyers disclosed after the short hearing.
The case reached the High Court as his parents sought the judge's approval for a compensation package to be met by the hospital's managers, the Nottingham University Hospitals NHS Trust, which admitted liability.
The lad's mum was in court to hear the NHS Trust's barrister, William Wraight, publicly apologise for the post natal blunders.
"There were deficiencies in the provision of resuscitation on that day but these problems have been identified and corrected," said Mr Wraight.
Mr Justice Lewis approved a settlement which takes the form of a £3.25 million lump sum, plus annual, index-linked and tax-free payments to cover the enormous costs of his care for life.
Those payments will start at £146,500-a-year, rising to £230,000 beyond the age of 19. Lawyers estimate the total settlement will be worth between £8 million and £9 million over the boy's lifetime.
Mr Justice Lewis said he was satisfied the settlement was "just and appropriate", also commending the boy's parents and family, saying: "He is really lucky to have a family like this. I wish them all well."
Nottingham University Hospitals NHS Trust has apologised to the family.
Chief executive Peter Homa, said: “We reiterate our sincere and unreserved apologies to the family.
“Whilst no amount of money can compensate for nor undo the harm and distress the family have experienced as a result of this tragic case, we hope this settlement provides the family with financial security for the future.”
This article is courtesy of the Nottingham Post.
The boy, who cannot walk or speak, was left with profound lifelong cerebral palsy after medics mishandled desperate attempts to resuscitate him following his delivery at the hospital in November 2006, London's High Court heard.
Mr Justice Lewis, who approved a settlement designed to meet all the youngster's lifetime needs, said he had "suffered complications" following his birth, after which hospital staff "failed to provide adequate treatment for him".
"There were deficiencies in the way the hospital dealt with the need to resuscitate him", said the judge, who added that the hospital has "since taken steps to correct what went wrong so that other families won't be faced with the same difficulties".
The boy, from Nottingham, is able to smile and respond to his large family - whose devoted care was today praised by the judge.
But he also needs a team of carers to get him through the day and has acute learning difficulties, his lawyers disclosed after the short hearing.
The case reached the High Court as his parents sought the judge's approval for a compensation package to be met by the hospital's managers, the Nottingham University Hospitals NHS Trust, which admitted liability.
The lad's mum was in court to hear the NHS Trust's barrister, William Wraight, publicly apologise for the post natal blunders.
"There were deficiencies in the provision of resuscitation on that day but these problems have been identified and corrected," said Mr Wraight.
Mr Justice Lewis approved a settlement which takes the form of a £3.25 million lump sum, plus annual, index-linked and tax-free payments to cover the enormous costs of his care for life.
Those payments will start at £146,500-a-year, rising to £230,000 beyond the age of 19. Lawyers estimate the total settlement will be worth between £8 million and £9 million over the boy's lifetime.
Mr Justice Lewis said he was satisfied the settlement was "just and appropriate", also commending the boy's parents and family, saying: "He is really lucky to have a family like this. I wish them all well."
Nottingham University Hospitals NHS Trust has apologised to the family.
Chief executive Peter Homa, said: “We reiterate our sincere and unreserved apologies to the family.
“Whilst no amount of money can compensate for nor undo the harm and distress the family have experienced as a result of this tragic case, we hope this settlement provides the family with financial security for the future.”
This article is courtesy of the Nottingham Post.
Wednesday, 4 June 2014
Mum sues hospital trust after son born with cerebral palsy
A mother is hoping she’ll get answers about her son’s birth by taking legal action against the health trust.
Alison dos Santos, of Cope Road, Banbury is suing Oxford UniversityHospitals NHS Trust (OUHT) for more than £300,000.
She says staff should have realised that her unborn baby was showing signs of distress, and should have fast-bleeped doctors.
She has accused the trust of clinical negligence and alleges that if her son Tiago was born “minutes earlier” or “completely resuscitated”, he would have been born unharmed.
But the child, now seven, suffered brain damage and was diagnosed with cerebral palsy when he was 10-months-old.
Although Tiago is bright he has restricted mobility, is confined to a wheelchair, and will need care for the rest of his life.
The family were dealt a second blow when Tiago’s 39-year-old father, Paulo Silva dos Santos, died in a road crash on the A415, near Ducklington, in 2006.
Tiago was just one at the time.
Ms dos Santos said: “Tiago is a beautiful boy with great potential. He has an inquisitive mind and a sense of adventure.
“This legal action will hopefully provide the answers to the many questions I have around what happened at his birth, as well as ensure that we can build a more positive future for Tiago, where we don’t have to rely on charity funding for essential equipment and therapy to unlock that potential.”
Mrs dos Santos, through her solicitor Dr Mala Sidebottom, of firm Leigh Day, is seeking unlimited damages of more than £300,000 for her son.According to the writ lodged at the High Court, Tiago was born at Banbury’s Horton Hospital on June 26, 2006, with the umbilical cord tied around his neck, he was not breathing and his face was blue.
Dr Sidebottom said: “This claim is being brought by Ms dos Santos in order that she might find the answers to what happened at Tiago’s birth as well as provide for his life-long care.
“Any compensation would be calculated to his exact needs and would be kept in a trust to provide peace of mind for his family that his life-long care needs would be provided for.
“These types of cases are relatively complex and can take a number of years.
“We believe that we are now in a position to assess what Tiago requires in the way of care for the rest of his life.”
A spokesman for OUHT said: “The trust can confirm that a High Court claim relating to a birth in 2006 has been filed against the trust.
“Because this is an ongoing legal claim, the trust is not in a position to comment further.”
Alison dos Santos, of Cope Road, Banbury is suing Oxford UniversityHospitals NHS Trust (OUHT) for more than £300,000.
She says staff should have realised that her unborn baby was showing signs of distress, and should have fast-bleeped doctors.
She has accused the trust of clinical negligence and alleges that if her son Tiago was born “minutes earlier” or “completely resuscitated”, he would have been born unharmed.
But the child, now seven, suffered brain damage and was diagnosed with cerebral palsy when he was 10-months-old.
Although Tiago is bright he has restricted mobility, is confined to a wheelchair, and will need care for the rest of his life.
The family were dealt a second blow when Tiago’s 39-year-old father, Paulo Silva dos Santos, died in a road crash on the A415, near Ducklington, in 2006.
Tiago was just one at the time.
Ms dos Santos said: “Tiago is a beautiful boy with great potential. He has an inquisitive mind and a sense of adventure.
“This legal action will hopefully provide the answers to the many questions I have around what happened at his birth, as well as ensure that we can build a more positive future for Tiago, where we don’t have to rely on charity funding for essential equipment and therapy to unlock that potential.”
Mrs dos Santos, through her solicitor Dr Mala Sidebottom, of firm Leigh Day, is seeking unlimited damages of more than £300,000 for her son.According to the writ lodged at the High Court, Tiago was born at Banbury’s Horton Hospital on June 26, 2006, with the umbilical cord tied around his neck, he was not breathing and his face was blue.
Dr Sidebottom said: “This claim is being brought by Ms dos Santos in order that she might find the answers to what happened at Tiago’s birth as well as provide for his life-long care.
“Any compensation would be calculated to his exact needs and would be kept in a trust to provide peace of mind for his family that his life-long care needs would be provided for.
“These types of cases are relatively complex and can take a number of years.
“We believe that we are now in a position to assess what Tiago requires in the way of care for the rest of his life.”
A spokesman for OUHT said: “The trust can confirm that a High Court claim relating to a birth in 2006 has been filed against the trust.
“Because this is an ongoing legal claim, the trust is not in a position to comment further.”
This article is courtesy from Banbury Cake.
Wednesday, 23 October 2013
Teen with brain damage wins £2.6m compensation from Lincoln hospital
A teenage boy who suffered severe brain damage during his birth at Lincoln County Hospital has won £2.65 million in compensation.
The boy, who cannot be named for legal reasons, suffered severe cerebral palsy due to being starved of oxygen while being born in the 1990s.
Lawyers believe when he was born, he was barely able to breathe due to a brief period of hypoxia during delivery.
Despite his condition, which limits his movements, the High Court in London heard that he is a bright and determined boy.
United Lincolnshire Hospitals Trust (ULHT) denied liability for his delivery, stating midwives worked “diligently”, but agreed to the multi-million settlement.
ULHT will now pay the boy an upfront sum of £2.65 million, plus extra annual, index-linked and tax-free payments rising to £200,000 by the time he reaches his early 20s.
The High Court judge, Mrs Justice Swift, described the settlement as “common sense” and praised both the boy and his parents for their bravery.
This article is courtesy from The Lincolnite.
The boy, who cannot be named for legal reasons, suffered severe cerebral palsy due to being starved of oxygen while being born in the 1990s.
Lawyers believe when he was born, he was barely able to breathe due to a brief period of hypoxia during delivery.
Despite his condition, which limits his movements, the High Court in London heard that he is a bright and determined boy.
United Lincolnshire Hospitals Trust (ULHT) denied liability for his delivery, stating midwives worked “diligently”, but agreed to the multi-million settlement.
ULHT will now pay the boy an upfront sum of £2.65 million, plus extra annual, index-linked and tax-free payments rising to £200,000 by the time he reaches his early 20s.
The High Court judge, Mrs Justice Swift, described the settlement as “common sense” and praised both the boy and his parents for their bravery.
This article is courtesy from The Lincolnite.
Sunday, 20 October 2013
Family awarded £7.5m payout after alleged failure by doctors at children's hospital
A family whose daughter was left severely brain damaged due to the alleged failure of doctors at a Liverpool hospital has won a £7.5m payout.
Morgan Stocks was left disabled after suffering a brain haemorrhage as a baby in 2003.
Now, after an eight year battle, the family has won what their lawyers are calling one of the largest medical pay outs ever awarded in the UK.
It will go towards the cost of her life long care.
Morgan suffered an intracranial bleed when she was just five weeks old. But the family claim while doctors at Alder Hey Children’s Hospital spotted she had a cerebral aneurysm they failed to investigate and treat it, which resulted in a second more damaging bleed.
Morgan, now 10, has been left with permanent physical and mental disabilities, including brain damage, cerebral palsy and epilepsy.
Alder Hey has apologised to Morgan and her parents, Leeanne and Duane, expressing their regret and sympathy and hope that the settlement will support Morgan’s needs.
Mr Stocks said: “Morgan's brain injury has had devastating consequences both for her and our family. We have really been through the mill trying to cope and at last it feels like life is finally improving.
“It's been a long fight but we have managed to achieve a great result in court, which will really help Morgan in the future.
The case was settled following court approval, without Alder Hey accepting full liability.
Morgan received a lump sum of £2m. The rest of the money will be paid to her annually during the course of her lifetime.
Michael Danby, clinical negligence lawyer at Maxwell Hodge, said they were able to settle the claim predominantly on the basis of the expert evidence they had obtained.
He said: “As a result, Morgan will at least now be adequately compensated in relation to her lifelong needs.”
Professor Ian Lewis, medical director at Alder Hey, said: “Alder Hey was first made aware of this claim in 2008. Following an investigation at that time, the trust accepted in 2009 that the treatment Morgan received fell below the standards we adhere to at Alder Hey.
This was an extremely complicated situation. It has required thorough examination by independent experts to determine the extent of any injuries Morgan would have sustained as a result of her aneurysm, regardless of when she was admitted to hospital.”
This article is courtesy from Birmingham Mail.
Morgan Stocks was left disabled after suffering a brain haemorrhage as a baby in 2003.
Now, after an eight year battle, the family has won what their lawyers are calling one of the largest medical pay outs ever awarded in the UK.
It will go towards the cost of her life long care.
Morgan suffered an intracranial bleed when she was just five weeks old. But the family claim while doctors at Alder Hey Children’s Hospital spotted she had a cerebral aneurysm they failed to investigate and treat it, which resulted in a second more damaging bleed.
Morgan, now 10, has been left with permanent physical and mental disabilities, including brain damage, cerebral palsy and epilepsy.
Alder Hey has apologised to Morgan and her parents, Leeanne and Duane, expressing their regret and sympathy and hope that the settlement will support Morgan’s needs.
Mr Stocks said: “Morgan's brain injury has had devastating consequences both for her and our family. We have really been through the mill trying to cope and at last it feels like life is finally improving.
“It's been a long fight but we have managed to achieve a great result in court, which will really help Morgan in the future.
The case was settled following court approval, without Alder Hey accepting full liability.
Morgan received a lump sum of £2m. The rest of the money will be paid to her annually during the course of her lifetime.
Michael Danby, clinical negligence lawyer at Maxwell Hodge, said they were able to settle the claim predominantly on the basis of the expert evidence they had obtained.
He said: “As a result, Morgan will at least now be adequately compensated in relation to her lifelong needs.”
Professor Ian Lewis, medical director at Alder Hey, said: “Alder Hey was first made aware of this claim in 2008. Following an investigation at that time, the trust accepted in 2009 that the treatment Morgan received fell below the standards we adhere to at Alder Hey.
This was an extremely complicated situation. It has required thorough examination by independent experts to determine the extent of any injuries Morgan would have sustained as a result of her aneurysm, regardless of when she was admitted to hospital.”
This article is courtesy from Birmingham Mail.
Wednesday, 16 October 2013
Ipswich Hospital pays £5m compensation to Joseph Rae
An Ipswich couple have agreed to a £5m compensation payout after their baby developed cerebral palsy due to delays in his hospital birth.
Joseph Rea's brain was starved of oxygen due to a 30 minute delay at Ipswich Hospital in 2006.
The hospital admitted liability and the payment was agreed at the High Court in London.
The family said the money would pay for the care he would need for the rest of his life.
Ipswich Hospital NHS Trust accepted liability for the injuries in 2009.
Joseph, now seven, has mobility problems, seizures and learning difficulties as a result of his brain injuries.
'Unreserved apology'
His parents Helen and Paul Rea argued that if he had been born half an hour earlier he would have escaped serious harm.
Tom Cook, the family's solicitor, said: "We are now pleased to have obtained sufficient compensation to ensure Joseph is cared for appropriately for the rest of his life and that his potential for development can be maximised.
"He is generally a happy and loving child, but his life will not be an easy one.
"He will always require care and therapy and will never be able to support himself financially by working."
Paul Rees QC, for the NHS Trust, issued a "full and unreserved apology to Joseph and his family" on behalf of the trust and said he hoped the settlement would give them all "peace of mind for the future".
Joseph has had care at at the East Anglia's Children's Hospices (EACH) Treehouse hospice in Ipswich, although his condition is not life-limiting.
This article is courtesy from the BBC.
Joseph Rea's brain was starved of oxygen due to a 30 minute delay at Ipswich Hospital in 2006.
The hospital admitted liability and the payment was agreed at the High Court in London.
The family said the money would pay for the care he would need for the rest of his life.
Ipswich Hospital NHS Trust accepted liability for the injuries in 2009.
Joseph, now seven, has mobility problems, seizures and learning difficulties as a result of his brain injuries.
'Unreserved apology'
His parents Helen and Paul Rea argued that if he had been born half an hour earlier he would have escaped serious harm.
Tom Cook, the family's solicitor, said: "We are now pleased to have obtained sufficient compensation to ensure Joseph is cared for appropriately for the rest of his life and that his potential for development can be maximised.
"He is generally a happy and loving child, but his life will not be an easy one.
"He will always require care and therapy and will never be able to support himself financially by working."
Paul Rees QC, for the NHS Trust, issued a "full and unreserved apology to Joseph and his family" on behalf of the trust and said he hoped the settlement would give them all "peace of mind for the future".
Joseph has had care at at the East Anglia's Children's Hospices (EACH) Treehouse hospice in Ipswich, although his condition is not life-limiting.
This article is courtesy from the BBC.
Sunday, 6 October 2013
Norfolk girl’s £4.5m compensation pay-out
A 10-year-old girl who suffered serious brain injuries from complications during her birth has won a £4.5m compensation payout.
Emily Dye, of Easton, developed cerebral palsy after her brain was starved of oxygen shortly before her delivery at the Norfolk and Norwich University Hospital in 2003.
Despite denying responsiblity for her injuries, the NHS trust in charge of the hospital last year agreed to pay 70pc of her full damages claim.
And yesterday, Mr Justice Stuart-Smith – a judge at London’s High Court – approved a final, seven-figure, settlement, including a lump sum of £1.9m, which will help secure Emily’s future, paying tribute to her “devoted” family.
Emily’s legal team had claimed that medical staff failed to recognise her distress before she was delivered on April 13, 2003, with the delay leading to “short but acute” foetal asphyxia. Emily now suffers from cerebral palsy and learning difficulties and will need full-time care for the rest of her life.
Jane Mishcon, for Emily, said yesterday that any trial on liability would have been closely contested, with the girl’s legal team claiming that she would have escaped serious injury if she had been delivered just five minutes earlier.
The Norfolk and Norwich University Hospitals NHS Foundation Trust contended that, even if she could have been born earlier, the damage was already done.
Miss Mishcon said the final deal struck between the parties comprised a £1.9m lump sum, along with annual, index-linked and tax- free payments to cover the costs of Emily’s care for life.
The total payout was valued at £4,540,000.
Of that sum, Emily’s parents would receive £112,000 for their “10 years of devoted care”, Miss Mishcon added.
This article is courtesy from EDP 24.
Emily Dye, of Easton, developed cerebral palsy after her brain was starved of oxygen shortly before her delivery at the Norfolk and Norwich University Hospital in 2003.
Despite denying responsiblity for her injuries, the NHS trust in charge of the hospital last year agreed to pay 70pc of her full damages claim.
And yesterday, Mr Justice Stuart-Smith – a judge at London’s High Court – approved a final, seven-figure, settlement, including a lump sum of £1.9m, which will help secure Emily’s future, paying tribute to her “devoted” family.
Emily’s legal team had claimed that medical staff failed to recognise her distress before she was delivered on April 13, 2003, with the delay leading to “short but acute” foetal asphyxia. Emily now suffers from cerebral palsy and learning difficulties and will need full-time care for the rest of her life.
Jane Mishcon, for Emily, said yesterday that any trial on liability would have been closely contested, with the girl’s legal team claiming that she would have escaped serious injury if she had been delivered just five minutes earlier.
The Norfolk and Norwich University Hospitals NHS Foundation Trust contended that, even if she could have been born earlier, the damage was already done.
Miss Mishcon said the final deal struck between the parties comprised a £1.9m lump sum, along with annual, index-linked and tax- free payments to cover the costs of Emily’s care for life.
The total payout was valued at £4,540,000.
Of that sum, Emily’s parents would receive £112,000 for their “10 years of devoted care”, Miss Mishcon added.
This article is courtesy from EDP 24.
Monday, 24 June 2013
Cerebral palsy and the connection to medical negligence
The period of time when a woman is pregnant up until the point that she gives birth, whilst mixed with other feelings, is one of the most daunting and stressful times of a woman’s life. All she is hoping for is a healthy happy baby and a delivery that is smooth as possible. Sometimes during the pregnancy things can go wrong, which can have an effect on the health of the baby.
Cerebral palsy is one of those consequences when things don’t go as expected. The condition can occur through unavoidable circumstances, but it can also occur as a result of negligence on the part of the medical professional that assisted in delivering the baby. If there is support and evidence to prove that medical negligence caused the onset of cerebral palsy, then you could be eligible to claim compensation.
What is cerebral palsy?
Cerebral palsy is a fairly complex medical condition that occurs during pregnancy or labour. To explain it as simply as possible, cerebral palsy is a physical condition whereby injury to the brain (the cerebrum) affects movement.
There are different degrees of the condition, with some barely noticing any signs of it whilst others need constant care and attention. The condition doesn’t get worse but it does often become more noticeable as the child gets older, as their level of movement becomes more noticeable.
One of the most common causes of the condition is a lack of oxygen to the brain for a period of time, and whilst there are numerous potential causes for this, the one connected to medical negligence is mismanagement during the birth of the child. This could be a direct responsibility of the midwife or doctor who delivered the baby and the best course of action to find out whether you are eligible to make a claim is to get into contact with a personal injury solicitor.
Wednesday, 19 June 2013
Fight medical negligence with professional personal injury
Do you know that the National Health Service is facing a £16 billion bill to settle clinical negligence claims? This figure, which is more than 15% of the NHS annual budget, has been steadily rising by more than 9% every year. Medical negligence is a medical error caused by a health care provider that results in injury, disability, or death of a patient. It is often referred to as medical malpractice or professional negligence.
Some of the most common medical negligence cases include anaesthetic negligence, birth injuries, cardiac negligence, cerebral palsy cases, wrong cancer diagnosis, diabetes negligence cases, hospital infection cases, delayed diagnosis, nursing negligence cases, and cosmetic surgery cases. Seek the services of a personal injury solicitor if you are a victim of medical malpractice. One can find a wide range of experienced and professional lawyers both online and offline.
Make sure to do a background check on these lawyers before hiring them. These lawyers often have a diverse team that specialize in fetal medicine, pediatrics, gynaecology, and general surgery. A brief discussion with these solicitors will enable you to find out whether you have a claim. For a claim to be successful the patient must prove that they have not received adequate amount of standard care and this has resulted in some harm to them.
Legal action should be initiated within two years of the negligence, else the claim will not be valid. It is always better to make a claim early because it takes anywhere between ten to fifteen months for a case to reach trial. Don’t worry if you don’t have money to make a claim. There are multiple ways to fund your claim without burning a hole in your wallet. Conditional lawyer fee agreements, government legal aids, legal expenses insurance, and private funding are available.
Compensation varies depending on the suffering undergone by the patient. Quantifiable losses like medical expenses and lawyer fees can be fully recovered from the health care provider. Louis Peers, an eleven year old boy from West Midlands, received an £8 million settlement in early 2011 from Birmingham Heartlands Hospital. The hospital admitted to professional negligence and the high court in Birmingham awarded the verdict. A fifty year old woman recently received more than £200,000 compensation for a negligent shoulder operation that resulted in sustained ligament damage.
Living with trauma and disability can be very difficult. Hire the finest personal injury solicitors in your neighbourhood and achieve peace of mind.
Some of the most common medical negligence cases include anaesthetic negligence, birth injuries, cardiac negligence, cerebral palsy cases, wrong cancer diagnosis, diabetes negligence cases, hospital infection cases, delayed diagnosis, nursing negligence cases, and cosmetic surgery cases. Seek the services of a personal injury solicitor if you are a victim of medical malpractice. One can find a wide range of experienced and professional lawyers both online and offline.
Make sure to do a background check on these lawyers before hiring them. These lawyers often have a diverse team that specialize in fetal medicine, pediatrics, gynaecology, and general surgery. A brief discussion with these solicitors will enable you to find out whether you have a claim. For a claim to be successful the patient must prove that they have not received adequate amount of standard care and this has resulted in some harm to them.
Legal action should be initiated within two years of the negligence, else the claim will not be valid. It is always better to make a claim early because it takes anywhere between ten to fifteen months for a case to reach trial. Don’t worry if you don’t have money to make a claim. There are multiple ways to fund your claim without burning a hole in your wallet. Conditional lawyer fee agreements, government legal aids, legal expenses insurance, and private funding are available.
Compensation varies depending on the suffering undergone by the patient. Quantifiable losses like medical expenses and lawyer fees can be fully recovered from the health care provider. Louis Peers, an eleven year old boy from West Midlands, received an £8 million settlement in early 2011 from Birmingham Heartlands Hospital. The hospital admitted to professional negligence and the high court in Birmingham awarded the verdict. A fifty year old woman recently received more than £200,000 compensation for a negligent shoulder operation that resulted in sustained ligament damage.
Living with trauma and disability can be very difficult. Hire the finest personal injury solicitors in your neighbourhood and achieve peace of mind.
Monday, 20 May 2013
£8.5m payout for boy whose brain was damaged in 'catalogue of errors'
A seven-year-old boy who suffered catastrophic brain damage after a "catalogue of errors" at his birth is to receive a compensation package worth £8.5 million.
Alfie Buck's lawyers told the High Court that staff at the Princess Royal Hospital in Haywards Heath, West Sussex, failed to monitor him sufficiently during his mother's labour in March 2006 or deliver him by emergency caesarean.
They claimed that if he had been delivered just 20 minutes earlier, it was highly likely he would have been born without any brain damage at all.
Alfie, whose intelligence was largely spared, now has cerebral palsy and suffers painful spasms. He is completely reliant on a wheelchair, communicates using technology and needs 24-hour support.
Despite his problems, Alfie has a great sense of humour and is doted on by his siblings, Jessica, 13, and Louis, 10, said mother Samantha, of Horsham, West Sussex.
"The cerebral palsy affects all his limbs making movement very difficult, but his mind is very bright and he can communicate by using specialist equipment that tracks eye movement. He continues to amaze us and his teachers at his specialist school and he truly is an inspiration.
"Having said that, caring for a child with cerebral palsy has to be the toughest job in the world as it is 24/7 and consumes your life.
"Not long after he was born the doctors told us brain scans showed severe abnormalities and it was hard not to be bitter or angry. It just felt very unfair as Alfie didn't deserve it."
Mrs Buck, and her husband Andrew, an estate manager, were at London's High Court with Alfie to hear Mr Justice Hickinbottom approve the award against Brighton and Sussex University Hospitals NHS Trust, which admitted liability.
A lump sum of £3.85 million plus lifelong periodical payments will fund a new wheelchair-accessible home for the family with space for live in carers and pay for physiotherapy, transport, education, specialist equipment and support.
The family's solicitor, Jane Weakley, of law firm Irwin Mitchell, said the case was "tragically a catalogue of errors".
The Trust's counsel, Paul Rees QC, echoed an apology sent to the Bucks in 2011 by its chief executive, who told them that lessons had been learned from the failures in Alfie's care.
Giving the family an unreserved public apology, Mr Rees said: "We all know that nothing I can say will turn back the clock but they are entitled to hear that."
He also paid tribute, not only to Alfie's spirit, but to the commitment, insight and devotion of his parents, brother and sister, and the sacrifices they had made.
The judge added: "It frankly never ceases to amaze me - the care and love parents and carers show - but this is another case in which they are very clearly and markedly illustrated."
This article is courtesy of The Independent.
Alfie Buck's lawyers told the High Court that staff at the Princess Royal Hospital in Haywards Heath, West Sussex, failed to monitor him sufficiently during his mother's labour in March 2006 or deliver him by emergency caesarean.
They claimed that if he had been delivered just 20 minutes earlier, it was highly likely he would have been born without any brain damage at all.
Alfie, whose intelligence was largely spared, now has cerebral palsy and suffers painful spasms. He is completely reliant on a wheelchair, communicates using technology and needs 24-hour support.
Despite his problems, Alfie has a great sense of humour and is doted on by his siblings, Jessica, 13, and Louis, 10, said mother Samantha, of Horsham, West Sussex.
"The cerebral palsy affects all his limbs making movement very difficult, but his mind is very bright and he can communicate by using specialist equipment that tracks eye movement. He continues to amaze us and his teachers at his specialist school and he truly is an inspiration.
"Having said that, caring for a child with cerebral palsy has to be the toughest job in the world as it is 24/7 and consumes your life.
"Not long after he was born the doctors told us brain scans showed severe abnormalities and it was hard not to be bitter or angry. It just felt very unfair as Alfie didn't deserve it."
Mrs Buck, and her husband Andrew, an estate manager, were at London's High Court with Alfie to hear Mr Justice Hickinbottom approve the award against Brighton and Sussex University Hospitals NHS Trust, which admitted liability.
A lump sum of £3.85 million plus lifelong periodical payments will fund a new wheelchair-accessible home for the family with space for live in carers and pay for physiotherapy, transport, education, specialist equipment and support.
The family's solicitor, Jane Weakley, of law firm Irwin Mitchell, said the case was "tragically a catalogue of errors".
The Trust's counsel, Paul Rees QC, echoed an apology sent to the Bucks in 2011 by its chief executive, who told them that lessons had been learned from the failures in Alfie's care.
Giving the family an unreserved public apology, Mr Rees said: "We all know that nothing I can say will turn back the clock but they are entitled to hear that."
He also paid tribute, not only to Alfie's spirit, but to the commitment, insight and devotion of his parents, brother and sister, and the sacrifices they had made.
The judge added: "It frankly never ceases to amaze me - the care and love parents and carers show - but this is another case in which they are very clearly and markedly illustrated."
This article is courtesy of The Independent.
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