Failure to plan and deliver baby properly leads to Erbs’ Palsy

The clinical negligence team recently obtained a settlement in a compensation claim for a child diagnosed with Erbs’ Palsy soon after his birth. After failure to plan his delivery, to discuss the options available fully with his parents and a an allegedly mismanaged birth, the claimant suffered shoulder nerve damage during his birth. The case settled for a six figure award of damages plus legal costs.

Jonathan Herbert has successfully concluded a clinical negligence case involving injuries sustained at birth, which caused shoulder nerve damage to a baby boy. The planning of the claimant’s birth and the delivery itself were unacceptably poor and the implications of him being a very large baby were seemingly not considered. The labour records were not satisfactory either.

This was a high risk pregnancy because of the claimant’s mother’s weight and complicated obstetric history. Scans revealed that the claimant was an unusually large baby. There was a very high risk of shoulder dystocia during natural delivery and the claimant's mother was not warned of the increased risks of this and not provided with advice about the risks and benefits of an elective caesarean section delivery. The claimant's mother had repeatedly requested that she be referred for elective caesarean section delivery but this was refused. If the hospital's staff had advised the claimant's mother about the increased risks of shoulder dystocia and provided her with advice about the risks and benefits of an elective caesarean section delivery, she would have elected caesarean section delivery and the claimant would have escaped injury.

Despite the hospital denying any breach of duty, a settlement was reached which will provide security against the possibility of future problems securing employment because of the physical disability.

Jonathan Herbert specialises in birth injury and other medical negligence cases. If you would like to ask Jonathan a question about a potential case or if you have any query about medical negligence, contact Jonathan on 01892 701226 in confidence.

Kent based solicitors; Thomson Snell & Passmore has one of the largest and most experienced specialist clinical 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 are very proud to be ranked Number 1 in both the Legal 500 and Chambers and Partners UK.