20-year legal battle ends as family wins right to claim clinical negligence compensation

Posted 13/04/2011

A mother has spoken of her relief after her 20-year battle to claim clinical negligence compensation came to an end.

Cornelia Moosman told the Journal Live she went into labour with her son Majid, now 21, at Newcastle’s Princess Mary Maternity Hospital in August 1989.

However, she got into difficulties and the baby was born with severe learning disabilities which mean he cannot walk, talk or do anything for himself.

His family took legal action, claiming the birth was mismanaged and that Majid would have been healthy had doctors delivered him more quickly, but the Newcastle upon Tyne Hospitals NHS Foundation Trust always disputed this.

Now, however, the trust has admitted 70 per cent liability, paving the way for Majid’s family to be paid millions of pounds in clinical negligence compensation.

“I’m pleased that it’s now come to an end and Majid has got compensation … hopefully the money will now give him the care he needs for the rest of his life,” Ms Moosman commented.

Last year, six-year-old Holly Nixon was awarded a £4 million payout after Worcestershire Acute Hospitals NHS Trust admitted her birth was mismanaged, so it is likely the sum awarded to the Moosmans will be similar or even larger.

Rosamund Rhodes-Kemp, a clinical negligence expert at Ashtons Legal, says: “Here are two examples of the high awards and costly legal battles that arise from babies damaged at birth due to medical or midwifery error. 

“At Ashtons Legal we have been campaigning for more training for those involved with childbirth to reduce the incidence and less costly means of redress.”