Asons Comment on Salford Hospital Million Pound Payout for Negligent Action during Birth Delivery

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A seven year old girl that was left suffering with brain injury after a traumatic birth at Salford Royal Hospital has been awarded more than £6.5 million in cerebral palsy compensation according to a news report (1).

The trust sincerely regrets the incident and once again apologises unreservedly.

The girl, who must remain anonymous for legal reasons, suffered extensive brain damage due to a delay in her delivery at the Greater Manchester hospital in 2006 and is now dependent on carers on a daily basis (1).

According the article, in the following years after her birth, the parents of the new born launched a cerebral palsy compensation claim against Salford Royal NHS Foundation Trust, accusing the hospital of clinical negligence in delaying the birth of their daughter (1).

The hospital trust accepted liability for the birthing injuries and agreed to the sizeable settlement that consisted of a £2.9 million lump sum and an annual, increasing payment, to cover the costs of her care for the rest of her life (1).

Barrister for the NHS, Paul Rees QC, commented on the case saying “it’s right that the claimant and her parents hear in open court an unreserved apology – nothing I can say can turn the clock back.”

It was reported that The High Court in London were informed on the events of the girl's birth and how doctors had tried several methods to deliver the baby, which had failed, leading them to make a decision to deliver the baby using caesarean section (1).

According to court documents, the delivery took substantially longer than it should have, which meant that the baby was starved of oxygen during the birth, leaving her with irreversible brain damage. The girl, who is now seven, suffers from a severe case of cerebral palsy that affects her ability to do everyday tasks involving muscle movement, speaking and learning (1).

Asons Executive Thomas Fairclough said:
“I feel as though the hospital could have done more to deliver this poor girl in a way that was less detrimental; I’m glad that the family decided to file a claim for cerebral palsy compensation. As the costs of living with a condition such as this can be huge, as the child will need a lot of care to aid her with her daily living. Her family must have been devastated and the emotional hardships of dealing with cerebral palsy alone deserve to be compensated.”

Agreeing that the settlement was well deserved, the Judge overseeing the proceedings Mr Justice Singh said that the payment was in the young girls ‘best interest’, continuing on to say:

“Cases like this are always very sad and it’s difficult, if not impossible, for the rest of us to imagine what it must be like for the claimant and her parents.”

Along with the initial payment, the family will receive £87,850 annually until the girl turns 19, there after she will receive £124,850 until she turns 50, and then £139,175 from there on (1).

Director of nursing at Salford Royal, Elaine Inglesby commented on the proceeding saying:

“The trust sincerely regrets the incident and once again apologises unreservedly.” (1)

Cerebral Palsy is a lifelong condition that cannot be reversed and the financial implications can add up to an annual cost of hundreds of thousands of pounds. If doctors have been negligent during labour, and a child, or mother has suffered as a result then there may be grounds to make a claim for cerebral palsy compensation. Asons Solicitors is home to some of the best medical negligence solicitors in the UK, and they can give helpful and friendly advice on what to do regarding cases of cerebral palsy and medical negligence. To find out more information visit http://www.asons.co.uk or phone 01204 521 133 to speak to one of their legal experts.

(1)    Manchester Evening News, Girl left disabled after blunders during birth at Salford Royal hospital is given £6.5m care package payout, 17th May 2013
http://www.manchestereveningnews.co.uk/news/health/girl-left-disabled-after-blunders-3866053

(2)    Court Case Reference Number: TLQ/12/0636

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About Asons Solicitors:
Asons Solicitors is a Bolton-based law practice that specialises in personal injury and industrial disease claims. Founded by brothers Imran Akram and Kamran Akram, Asons Solicitors has developed to become a young and dynamic law firm that delivers practical solutions to clients in times of difficulty. Their continued focus on their staff has seen them awarded with the Investors in People “Gold Award”; which is reflected in the professional and personable approach they take in working with clients. They strive to grow and to develop, and their supportiveness and attention to detail ensures that their clients use them time and again.

For further information contact:
Email: info(at)asons(dot)co(dot)uk
Website: http://www.asons.co.uk

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