When is a pain not a pain?

In the news recently is the successful case of ‘J’ who sustained a brain injury shortly before birth and now has cerebral palsy and a number of difficulties, including learning and behavioural issues.

The primary issue in the case was whether his mother, who was at 37⁺² weeks in her “high risk” pregnancy, should have been allowed home from the Norfolk and Norwich Hospital on the day ‘J’ was born. It was alleged on ‘J’s’ behalf that she should not. Had she remained in hospital it is agreed that the problem that led to the brain damage (the placental abruption referred to above) would have been identified and that the brain damage itself would have been avoided.

The secondary case is that, if it was acceptable for her to be allowed home, she had not been advised strongly enough to return quickly to hospital if the circumstances that in fact obtained occurred. Again, if she had returned to hospital in time for the consequences of the placental abruption to be avoided, it is agreed that the brain damage would not have occurred.

Sandra Patton who Heads Ashtons’ Medical Negligence team said: “It has been a stressful time for the family but they are very relieved to have the court confirm what they have always believed, that it was not appropriate to send the mother home in this situation.

“Tragically, it was that decision that sealed the child’s fate. Now that we have the judgment we can ensure that, through an award of damages, the child will have what they need to live as independent and fulfilled a life as their disabilities will allow.”

For more information about the case visit http://www.bailii.org/ew/cases/EWHC/QB/2017/3082.html