Clinical Negligence

Hay & Kilner’s team of specialised clinical negligence solicitors has recovered millions of pounds of compensation on behalf of their clients in this area. Injuries arising out of pregnancy or child birth are often significant. Hay & Kilner have acted for clients whose complaint relates to cerebral palsy; Erb’s palsy and other physical injuries during pregnancy or delivery.

Here are some examples of our settled and current pregnancy and birth claims:

Delay in delivery of a child

Hay & Kilner successfully acted for a child who brought proceedings in respect of neurological brain injury arising out of substandard management of his delivery. This caused cerebral palsy and developmental delay resulting in severe learning difficulties, microcephaly and epilepsy.

The claim was settled on the basis of a lump sum payment of £1.652m, periodical payments of £130,000 a year up to the age of 25 and periodical payments of £100,800.00 a year after the age of 25.

It was alleged that the claimant’s injuries resulted from asphyxia (a lack of oxygen) at birth. The medical records indicate that the foetal heart rate recording was discontinued during labour and, as a result of which, there was no meaningful recording of the foetal heart rate. It was argued successfully that in the presence of appropriate foetal heart rate recording, the abnormalities would have been detected sooner leading to earlier delivery, thereby avoiding irreversible brain damage.

Complications during delivery of a child

Hay & Kilner are currently investigating a claim on behalf of a young child who is alleging that she suffered a brachial plexus injury as a result of excessive traction being applied at the time of her birth. This caused a reduction in the range of rotation of our client’s left shoulder, which impacts her day to day activities.

Substandard care during the delivery of a child

Hay & Kilner are investigating a claim on behalf of a child where it is alleged that there was a failure by the midwifery team to adequately record the fetal heart rate and recognise signs of fetal distress. It is also alleged that there was a delay in resuscitating the child after delivery due to a failure to ensure that appropriate equipment was available in the labour suite. It is alleged that the substandard care led to birth asphyxia causing cerebral palsy and epilepsy. Because of the severity of his condition he will require extra care and support for the rest of his life.

Substandard management of the birth of a child

Hay & Kilner are acting for a child on whose behalf it is alleged that there was substandard management of his birth causing shoulder dystocia. Shoulder dystocia is a condition in which the fetal shoulder fails to deliver after the head during labour and becomes trapped. It is alleged that excessive traction was used to deliver the child causing a Brachial Plexus Injury. The brachial plexus is a network of nerves that sends signals from the spine to the shoulder, arm, and hand. Our client required surgery to improve his condition but continues to experience pain and is unable to lift his arm. It is alleged that had the delivery been managed in accordance with accepted practice and procedures, the injury could have been avoided.

For further information, please contact Clare Thompson on 0192 232 8345 or email clare.thompson@hay-kilner.co.uk