Claim for severe brain injury due to medical neliegence of hospital
In this case the claimant’s mother was overdue by 6 days and started to suffer from tightening. She telephoned the hospital that evening and the following morning but was only told to stay at home as long as the pain was bearable. That day at 15:00 the mother called the hospital again and was told to attend for induction of labour. Within two hours the mother gave birth to the client who had suffered severe brain damage from a period of profound asphyxia (lack of oxygen to the brain) as a result of cord compression immediately before the birth.
The court ruled that the mother should have been told to attend the hospital earlier for induction of labour and a result the failure to do so caused reduced foetal movements which could have been detected resulting in delivery by caesarean section rather than induction of labour and avoiding the damage caused by cord compression.
Therefore the severe injury could have been avoided had a caesarean section been carried out a few hours earlier which would have been reasonable when presenting with the complaints the mother had.
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