Compensation for facial injuries caused by instrumental delivery

04/03/2011

This case study demonstrates the expertise of our Clinical Negligence team who recently recovered £11,150 for a young boy who suffered facial injuries during instrumental delivery at his birth despite the hospital not admitting negligence.

J's mother was admitted to Hospital in Dartford and after about 10 hours, it was agreed that she would be taken to theatre for a trial of instrumental delivery and if that failed, to proceed to caesarean section.

There was dispute as to how many attempts were made with the forceps but the midwife’s notes suggested that five pulls were performed, including the pull which affected delivery. After he was born J's parents recalled that, his face and head were very badly marked. The injuries matched the forceps blade positioning. 

There were a number of criticisms of the management of labour but primarily, it was alleged that the Registrar should have abandoned instrumental delivery after two pulls, having achieved little descent by then and that excessive force had been used. A forceps delivery, safely and correctly performed, would not leave the permanent scars and indentations, as this delivery did, and the presence of the scarring itself supported the allegation that the Registrar had used inordinate and unacceptable force in extracting the baby.

At age 4 years and 4 months, J's expert confirmed:

(a) a permanent scar adjacent to his right eye measuring 16mm by 5mm which was clearly visible at conversational distance and beyond;

(b) slight discolouration of the right cheek which was barely visible at conversational distance but which increased in visibility during hot weather and increased emotional states; and

(c) indentations in front of both ears that were visible at conversational distances with the most prominent of the two, the left, visible to some degree beyond a conversation distance. 

The case was settled on a full liability basis with £11,150 being invested for J, ready to be paid out to him with interest when he reaches the age of 18.

Read more about our experience in birth injury and claims on behalf of children.

Jonathan Herbert has significant experience of dealing with medical negligence cases. If you would like to ask Jonathan a question about a potential case involving a retinal injury or you have a general query about medical negligence contact him on 01892 701226 in confidence.

We have one of the largest and most experienced specialist medical negligence teams in Southern England including London. Our team of highly experienced lawyers has the depth and range of expertise essential in this sensitive and often complex area of law. Our clinical negligence team is very proud to be ranked Number 1 in both the Legal 500 and Chambers and Partners UK.