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£5 million Payout for Birth Injury After More Than 20 years

Author: Neil Fearn  Bullet  Dated: 07/02/2014

A woman, deprived of oxygen at birth has been awarded £5 million in compensation for her injuries, according to reports from a local London newspaper. The case highlights the dramatic effects of a birth injury and exactly how compensation is awarded.

Link Between Injury and Delayed Birth

As a result of a 10 hour delay in her delivery, the woman's heart rate dropped to dangerous levels, which resulted in her being deprived of oxygen.

The woman instructed solicitors to investigate the cause of her brain damage and during this investigation her solicitor obtained an MRI scan, this suggested she suffered catastrophic injuries at the time of her birth in the 1990's resulting in her current disability. This was confirmed by a medical expert at the Institute of Child Health. Sometimes catastrophic, birth related injuries are nobody's fault, but in this instance it was down to the negligence of the medical team attending to the woman's mother.

Who Pays the Compensation?

The NHS Litigation Authority (NHSLA) acts as the insurer for hospital Trusts and, as any insurer, will cover the cost. The settlement was a £2.3 million lump sum, plus £112,000 a year starting December 2015. The money will be used to provide the woman with around the clock care and a home near her parents. Her identity was kept anonymous to protect her vulnerable character.

Most babies are born without complications, but in some exceptional circumstances lack of care and consideration causes both mother and baby to be harmed. Medical mistakes do happen, but can be avoided if medical staff are alert to complications they should be trained to deal with.

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