DURING LABOUR, THE MIDWIFE FAILED TO RECOGNISE THAT DANIEL WAS SUFFERING FROM FETAL DISTRESS AND HE WAS NOT GETTING AS MUCH OXYGEN AS HE SHOULD.
Daniel’s mum chose to give birth at home. This was her first delivery and she had been assured that if there were any problems she could transfer to hospital. During the labour the midwife failed to recognise that Daniel was suffering from fetal distress and he was not getting as much oxygen as he should.
When the midwife realised there was a problem an ambulance was called and Daniel’s mum was transferred to hospital. When she arrived the obstetrician advised that an urgent delivery was required. Daniel was delivered by forceps in poor condition. He was transferred to another hospital for cooling to try and minimise any brain damage. This was successful in reducing the level of damage that he suffered but Daniel is growing up with fine motor skills deficit, developmental delay and autistic type behaviour due to his brain not receiving enough oxygen during his delivery.
The hospital admitted that their staff were at fault and agreed to compensate Daniel. Because the extent of his injury, and how this will develop as he gets older, will not be known until he is in his late teens, his claim is on hold. However, we have obtained a significant interim payment against his final award of damages to allow him to find suitable accommodation and to pay for him to have a buddy. He will also now be able to fund the therapies that he needs.
We also helped Daniel’s mum. She suffered from PTSD as a result of the trauma of his birth and we were able to claim compensation for her psychological injuries. We also helped her challenge the Council over Daniel’s Education and Health Care Plan so that he could attend a suitable special school identified by his mum as the best school for him. He has started at his new school and is doing much better than at his previous school.
"Thank you for all the time and energy you've spent getting my claim settled. I seriously can't thank you enough as I know without your kindness and encouragement, I would not have got through this!"