We are pleased to announce the successful resolution of a highly unusual and complex claim for damages as a result of alleged substandard care provided by an NHS Hospital Trust. This ultimately led to the premature birth of our client, who went on to develop cerebral palsy.
Medical Negligence Settlements: A Tragic Missed Opportunity
Upon our client’s mum discovering that she was pregnant, she attended her local NHS Hospital for a routine ultrasound scan, which revealed that she was carrying triplets. Despite the high-risk nature of triplet pregnancies, no advice was provided regarding the increased risk of prematurity, nor was she informed of the local NHS Hospital’s limited experience in managing such complex cases.
Crucially, no appointment was offered to see a consultant obstetrician at this stage.
When our client’s parents eventually did meet with a consultant obstetrician – some three months later – they learned, only because they asked, that the hospital would not be able to care for babies born before 30 weeks’ gestation. This prompted the family to request an immediate transfer to a specialist NHS Hospital. However, no guidance was offered regarding the full range of management options for a triplet pregnancy, including the possibility of multi-fetal pregnancy reduction (MFPR).
MFPR is a recognised medical option in high-risk multiple pregnancies and can reduce the number of fetuses to increase the likelihood of a longer gestation. Expert evidence indicates that MFPR could have increased the pregnancy duration by approximately two weeks, thereby reducing the risk of serious injury or death for the remaining babies.
The Consequences of Clinical Failures
Roughly three weeks after the transfer request (at 28+3 weeks’ gestation), our client’s mum went into spontaneous labour and gave birth to triplets. While Triplets 1 and 2 were born in good condition, Triplet 3 (our client) was born in poor condition and required significant resuscitation. Imaging of our client’s brain showed a right-sided intraventricular haemorrhage and periventricular cysts, and she was diagnosed with mild cerebral palsy, primarily affecting her left leg.
Our client’s family sought the support of a cerebral palsy birth injury lawyer to assess the failings in care. Following an in-depth investigation, we obtained expert opinions in obstetrics, fetal medicine, and neonatology, which supported a strong claim for clinical negligence.
Legal Response and Medical Negligence Settlement Outcome
We alleged that, once the triplet pregnancy was confirmed, our client’s mother should have been immediately transferred to the specialist NHS Hospital – or at the very least offered the choice. The risks of triplet pregnancy were not adequately explained, nor was MFPR discussed. The factual evidence confirmed that, had these discussions occurred, the parents would have chosen MFPR and specialist care.
With robust expert support, and despite the conceptual complexity of the claim, we asserted that our client would not have been chosen for reduction in an MFPR procedure. As such, had the pregnancy continued to at least 30+3 weeks, our client would likely have avoided injury.
The Defendant NHS Trust denied any liability, arguing there was no obligation to discuss MFPR or arrange an earlier transfer, and that our client would have been the fetus selected for reduction. However, during litigation, and while still denying liability, the Defendant offered a life-changing seven-figure medical negligence settlement, which was accepted. The terms were subsequently approved by the High Court.
Supporting Families Through Cerebral Palsy Birth Injury Claims
This outcome represents one of several medical negligence settlements we have secured for families dealing with the devastating consequences of birth injuries. Our cerebral palsy birth injury lawyers guided the family through what was an emotionally and legally complex process, ensuring that justice was pursued despite the Defendant’s resistance.
The medical negligence settlement will now provide long-term support and security for our client, helping to meet her needs throughout her life.
Our client’s parents commented: “Thank you for the time and effort that everybody involved has put in throughout to secure today’s outcome. We very much appreciate it.”
Work with a Leading Cerebral Palsy Birth Injury Lawyer
If your family has been affected by similar circumstances, you may benefit from speaking with one of our dedicated cerebral palsy birth injury lawyers. Our team has a strong track record of achieving significant medical negligence settlements in complex and emotionally-charged cases.
Contact us today to find out how we can help you.
