£5,000 for failure in duty of care during caesarean section

Posted 10/01/2012

Sharon Allison, a lawyer in the Ashtons Legal medical injury team, has obtained damages of ?5,000 for Ms F from Warwickshire, following complications during the birth of her second child.

The claim was made against South Warwickshire NHS Foundation Trust. During her labour at Warwick Hospital, Ms F – who is in her early 30s – underwent an elective caesarean section.

After being given an epidural, Ms F continued to have feeling in her lower limbs. Ms F’s repeated concerns were ignored by the anaesthetist and her surgery went ahead. At the last minute, however, the medical team chose to give her a general anaesthetic and she missed the opportunity of witnessing the birth of her second child.

Ms F has suffered from psychological distress following these events, brought about by medical staff ignoring her concerns and choosing to proceed when it was not safe to do so. Sharon comments: “The compensation award is significant to the client in that it signifies a recognition from the Trust that the care she received at such an emotional time was below standard and that hopefully in the future, similar mistakes are not repeated.”