LEGAL SERVICES FOR YOU April 2023 | AshtonsLegal.co.uk
Medical Negligence News
Substantial damages for brain injured young man following failures in mother’s antenatal care
A substantial settlement has been approved in the High Court in relation to a brain injury a young man suffered as a result of his mother’s inadequate antenatal care over 21 years ago.
The young man, Mr S, suffered from severe spastic quadriplegic Cerebral Palsy of all four limbs and severe cognitive impairment.
The claim arose from his mother’s antenatal care of her twin pregnancy. It was alleged that the Defendant Trust was negligent in their timely and detailed antenatal scanning, which would have identified Twin-to-Twin Syndrome (TTTS) in 2002. This condition causes an imbalance of the blood flow between the twins where early treatment is necessary to delay delivery until a safer gestational delivery point. Due to the inadequate care, his mother went into premature labour at 26 weeks, where he was born with significant neurological injury and impairment.
Sharon Allison, Partner and Head of Medical Negligence, who handled the claim on behalf of Mr S and his family by Ashtons Legal, says: "Whilst the substantial damages tend to be the headlines in these cases, it is important to remember that no parent would choose any sum of damages over an undamaged child/adult who can live life to their own independent potential. It is simply the best alternative to reach in such a catastrophic medical injury."
Inquest into death of young Suffolk man who took his own life following a delay in provision of mental health support
Ali Masterson of Ashtons Legal supported the family throughout the inquest process following the death of a young Suffolk man who took his own life.
JM, aged 21, was found deceased on 4 December 2021 after going missing the day before.
The inquest, which took place on 19 and 20 December 2022, heard evidence from the Norfolk & Suffolk Foundation Trust’s clinicians and managers in relation to the care that JM had received following his plea for help after suffering mental health problems. Whilst the Coroner recorded a verdict of suicide, he also recorded that there was a missed opportunity for an earlier referral to the Youth Mental Health Team.
The family’s lawyer is medical negligence specialist Ali Masterson of Ashtons Legal. She comments: “The inquest was extremely difficult for the family, but they were relieved to receive answers to the questions and concerns they raised.”
Ashtons Legal boosts Medical Negligence team with new partner and paralegal recruits
Natalie Cosgrove joined Ashtons Legal’s thriving Medical Negligence team in November 2022 as a partner in the business.
She is joined by paralegal Amelia Dale, both from a Yorkshire-based firm. Both Natalie and Amelia will principally be based in Yorkshire and will join the team in Bury St Edmunds when required.
Natalie has a particular specialisation in baby loss and birth injury claims having worked with many families in Nottingham whose maternity services are currently being reviewed by Donna Ockenden, esteemed midwife and community activist. Natalie also has a specialist interest in more nuanced areas of law including secondary victims, assault and battery, involuntary participants, and suicide resulting from negligent mental health care.
Amelia has worked alongside Natalie for the past five years and she too has a strong track record in medical negligence work.
What is compensation and its role in Medical Negligence cases?
If a patient is negligently injured or harmed as a result of treatment or lack of treatment by a clinician, whether in a hospital, GP surgery, pharmacy, opticians, care home, or indeed in their own home, they are entitled to compensation.
Financial recompense is the only way in which a patient can be compensated for injuries sustained as a result of negligence. Its purpose is to put the patient back in the position they would have been but for the injury.
It is not a “windfall” of money or an elevation of someone’s financial state. It is designed to provide compensation for the unnecessary pain and suffering a patient has endured, together with funding for those who require further treatment or adaptations to property and cars, aids and equipment, carers, and many other things to enable them to live as normal if not a “new” normal way of life as possible.
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Settlement obtained for the mother of a stillborn baby after numerous failures
Medical Negligence specialist, Amanda Cavanagh, has obtained a five-figure settlement for Ms B, a mother whose baby was stillborn as a result of numerous failures during her pregnancy. She was not properly monitored in light of her high blood pressure.
During her labour, the midwifery-led care was not reflective of her risk factors or care pathway, meaning that her risk factors were normalised. But for this failure, Ms B would have received earlier obstetric care, which would have had an impact on the outcome.
There were failures to identify and escalate a repeated loss of contact with the baby’s heartbeat and there were failures to deploy a Fetal Scalp Electrode. Had this happened, the reduction in the baby’s heart rate would have prompted an earlier transfer to theatre and emergency delivery.
Sadly, by the time transfer to theatre was made, the baby had suffered a hypoxic event leading to death during the second stage of labour. Had the drop in fetal heart rate been identified and emergency delivery taken place, then the baby would have been born alive and intact.
Aside from the injury services we offer, please remember that Ashtons Legal offers a full range of both individual and business services to assist in any situation. https://www.ashtonslegal.co.uk/
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