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Families affected by a birth injury suffer for life

Preventable birth injuries thankfully rarely occur with most babies delivered safe and well. For the small minority who are affected by an avoidable incident however, the physical and psychological effects are lifelong and impact every area of a family’s life. 

Taking place before, during or just after birth, a significant birth injury can lead to devastating disabilities impacting the baby both mentally and physically. These incidents are avoidable if the appropriate level of medical care is provided to both mother and baby.

It is heartbreaking when we talk to clients who face completely altered hopes and dreams for their family and who have to live with an uncertain future following a serious birth injury. Often, the full implications of an injury suffered before, during or just after birth, may not be known until a child is aged four or five.

The stress can easily be all encompassing as affected families start to consider what their new future may look like and how they will cope on a practical, financial and emotional level. We have represented families where grandparents who witnessed the traumatic birth of their grandchild have suffered with Post Traumatic Stress Disorder (PTSD) which included anxiety and flashbacks. 

The effects are far reaching and last a lifetime. The families who have sadly experienced a birth injury need to consider their child’s lifelong care needs including therapies, specialist equipment, home adaptations, educational needs and for some, the financial burden of their child potentially never being able work due to their disabilities.

Representing families who have suffered a significant birth injury due to medical negligence for more than 20 years, we see the same recurring failings which include medical staff not monitoring the baby’s heart rate adequately or failing to recognise that the baby is in distress.

The mother may have had a perfectly healthy pregnancy, but something will change during labour and timely emergency medical intervention such as a caesarean section may be needed. 

Delays in diagnosis and treatment of just a few minutes can mean the difference between a healthy baby being delivered and one that is devastatingly, and permanently, injured. The profound effect on the whole family cannot be underestimated as they suffer the consequences for the rest of their lives.

If you believe that your family has suffered a preventable birth injury, contact our friendly team of specialists for a free confidential consultation on 01253 766 559.

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Compensation does not remove the pain following medical negligence

High value medical negligence settlements often hit the headlines, however, behind the £multi-million compensation payouts is significant hidden, and ongoing, hardship and pain.

The NHS treats millions of patients each year and, in most cases, the care provided leads to patients leaving hospital safe and well. For some however, medical failings lead to serious injuries impacting the lives of the individuals harmed and their entire family.

We support families in the most tragic of circumstances. In these situations, there really is no such thing as compensation. The hard fought for medical negligence payouts simply cover the cost of the support desperately needed to enable these families to do the everyday things that most will take for granted.

Incidents that involve a baby being significantly injured at birth are devastating. For the families who experience this, the hardship and emotional suffering never ends. These incidents are complex and can take several years to prove.

Securing compensation comes as a huge relief to these families who are then in a position to be able to afford the care, equipment, therapies, home adaptations and more as they learn – day-by-day – how to tackle life with a significantly disabled child who may be dependent for life.

The sums involved are often large amounts but what isn’t always understood is that these payouts have to last for an individual’s entire lifetime and cover very complex – and costly – needs. The compensation really is a lifeline for the families who have struggled for years before a settlement is reached with the NHS Trust involved.

The journey for affected families does not end after a claim is won, however. Their quality of life improves, but no amount of compensation can give them the life that their family should have had had the preventable incident not taken place in the first place.

If you believe that your family has suffered a preventable birth injury, contact our friendly team of specialists for a free confidential consultation on 01253 766 559.

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Birth injuries lawyer calls for Cwm Taf maternity services investigations to be widened

Leading birth injuries solicitor Diane Rostron is calling for the Welsh Government and the Cwm Taf University Health Board’s investigations into maternity services delivered at hospitals in Merthyr Tydfil and Llantrisant to be widened.

The recently announced reviews currently only cover baby deaths at the Prince Charles and Royal Glamorgan hospitals during the period 2016 to 2018 and come amidst a major overhaul of the Health Boards’ maternity services.

Commenting on the investigations, birth injuries specialist Diane Rostron said: “It is vitally important that these investigations are carried out properly and thoroughly and review not only the potentially avoidable baby deaths at these hospitals, but also reviews the incidents where babies have suffered significant life changing injuries as a result of negligence.

“My team is currently representing a number of families whose babies have been left with major lifelong disabilities due to medical negligence at these hospitals and more South Wales families have been in touch with us since news of the inquiry was announced.

“We will be writing to both the Welsh Government and the chief executive at the Cwm Taf University Health Board to ask that their investigations are widened to a longer period and also include significant birth injuries which could have been avoided.

“We are speaking to at least six families whose children suffered significant birth injuries which took place between 2011 and 2013. We are also aware of another case where a mother lost twins after her ruptured uterus went undiagnosed back in 2009 at the Royal Glamorgan Hospital.

“We are urging other families in the area to come forward if they have any doubts about how their baby may have been injured or died at these hospitals.

“We have come across a number of discrepancies in the information provided to us when pursuing medical negligence claims against the Cwm Taf University Health Board. I would urge all families who may have been affected but simply told that their baby’s injury or death was a natural occurrence to speak to us.”

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£27m settlement for boy left brain damaged due to negligence at Blackpool Victoria Hospital

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£27m settlement for boy left brain damaged due to negligence at Blackpool Victoria Hospital

A substantial medical negligence sum has been secured this week by Blackpool solicitor Diane Rostron to cover the lifetime care needs of a client left brain damaged following his delayed birth at Blackpool Victoria Hospital.

The figure, which includes a £5.7 million lump sum and significant annual payments for the rest of his life, will cover the cost of his care and other needs and was approved at the High Court in London on 9th October 2018.

Commenting on the claim, Blackpool based birth injuries specialist Diane Rostron at Addies Solicitors said: “Our client, and his family, have struggled for many years to cope with his significant care needs following entirely preventable delays during his birth. 

“The hospital failed on multiple counts to provide adequate care. Had the maternity staff involved at the time carried out their duties in a timely, and appropriate manner, our client would have been born perfectly healthy avoiding all injuries.

“The settlement will cover the cost of his significant needs for the rest of his life. Lessons must be learned at the Trust to prevent this from happening to other families who rely on their local hospital to provide a safe level of patient care. We are currently acting for a number of clients significantly injured while in the care of the Blackpool Teaching Hospitals NHS Trust.”

Diane Rostron, and her team of medical and legal specialists, represented the family of Paul Wilkinson at his inquest in May 2018. The Blackpool Coroner found that the death of the 45-year-old at Blackpool Victoria Hospital in 2017 was due to the Trust’s neglect.

A medical negligence claim against Blackpool Teaching Hospitals NHS Trust is currently being pursued on behalf of his family.

The hospital was last inspected by the Care Quality Commission (CQC) in December 2017 and is currently rated as ‘requires improvement’ for safety and responsiveness.

In the last 12 months, Diane Rostron and her team have secured settlements for six severely injured children with an estimated value of £100 million.

If your family has been significantly injured due to medical negligence, contact our friendly team for a confidential chat on 01253 766 559.

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Coroner returns rare finding of neglect following death of Lytham man

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Coroner returns rare finding of neglect following death of Lytham man

Blackpool assistant coroner Claire Doherty yesterday delivered a verdict of death by natural causes due to neglect following the death of 45-year-old Paul Wilkinson at Blackpool Victoria Hospital in May 2017.

The father of three was admitted as a priority patient into Blackpool Victoria Hospital on Friday 26 May complaining of severe abdominal pain and died just six days later from multiple organ failure and sepsis.

The Lytham based salesman had been perfectly healthy until two weeks prior to admission when he started suffering with muscle aches. A visit to his local GP resulted in a diagnosis of a suspected rheumatological condition and steroids were prescribed which initially eased his symptoms.

His partner, a former bowel cancer screening nurse at Blackpool Victoria Hospital, Louise Johnson said: “I am pleased that the coroner’s verdict has confirmed what I already knew but it’s very hard for our family. Paul had not slept well due to significant pain and was rushed to hospital at 6am on the Friday before the Bank Holiday weekend and admitted to A&E as a priority case.

“Paul was not one to complain but he was left in the corridor for more than an hour at one point and was shouting out in pain. The staff didn’t take his pain seriously despite two indicators showing that he had an infection. Over the course of the next six days his condition just got worse but he was initially only seen by junior doctors. No one seemed to take his condition seriously although he was displaying several very serious symptoms.”

Instructed to represent the family medical negligence specialist Leanne Devine at Addies commented: “We are very pleased with the coroner’s finding of neglect as we believe that Paul Wilkinson would have made a full recovery had he been given adequate medical care at Blackpool Victoria Hospital.

“Paul was admitted as a priority patient but was given the level of care in the first few critical days as someone suffering a common cold. He should have been prescribed antibiotics on day one which could have saved his life.

“There were no trained nurses available to care for him and his medical care was initially left to junior doctors and healthcare assistants. Paul suffered very poor care during his final days and despite being admitted to Blackpool Victoria Hospital as a priority, was not seen by a consultant until 54 hours later during which his health progressively deteriorated.

“Our investigations to date have found that there were multiple failures in giving Paul the medical attention and treatment required. Paul’s condition deteriorated rapidly during his six day stay and we believe that his death was entirely preventable. We will now be pursuing the Trust for medical negligence.”

Paul leaves behind 10-year-old twins and a son aged two and a half years old.

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