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Jacqui Hayat, from our leading Clinical Negligence team, has secured a £555,000 settlement on behalf of a young client who sustained serious birth injuries due to substandard care during labour and delivery at King’s College Hospital NHS Foundation Trust.
The case was brought by the client’s mother, acting as litigation friend, and involved multiple failures in care that ultimately led to a diagnosis of Erb’s Palsy and a fractured clavicle. After the case was paused in 2019 to allow time to assess the long-term effects of the injuries, a substantial settlement was reached in 2024.
While no financial award can undo the harm caused, this compensation provides crucial support to help our client live as full and independent a life as possible.
Our client’s mother had been excited to welcome her first child. Her pregnancy had been uneventful, and she felt well cared for during the initial stages of labour. However, when the hospital staff changed shifts, she experienced a drastic decline in the quality of care.
She described the following serious failings in her treatment:
A lack of guidance during active labour - she was left without proper instructions on how to push.
Minimal examinations, even as the labour became more complicated.
Disregarded concerns and a lack of emotional support from the new team.
Delays in topping up her epidural, leaving her in unnecessary pain.
Medical staff relying on family members to assist physically, while they remained disengaged.
Hearing herself described as a "non-priority case" during an increasingly distressing labour
Unfortunately, following the delivery, it became apparent that our client had suffered a fractured clavicle and our client was diagnosed with Erb’s Palsy, a condition affecting the nerves around the shoulder and upper arm, often caused by traumatic or mishandled births.
To succeed in the clinical negligence claim, we needed to prove two things: first, that the failings reported by our client’s mother during labour amounted to a breach of duty by the medical team; and second, that this breach directly caused the injuries our client suffered.
We relied on the above failings to show that, even as the delivery became increasingly serious – including when the umbilical cord was wrapped around the client’s neck – the medical staff demonstrated a concerning lack of urgency.
Equally, despite clear red flags, we argued that Erb’s Palsy was not properly considered as a potential problem until much later.
We secured strong expert medical evidence supporting the view that these ‘breaches’ likely caused the injuries that our client sustained during birth.
Therefore, we advised our client’s mother that this was a strong case and conveyed the same to the defendant’s solicitors. This ultimately led to liability being fully admitted.
Although liability was fully admitted, the full impact of the injury would only become clear over time. Therefore, the case was stayed in 2019 to allow the client’s development to be assessed.
When the case was resumed, it became clear that the injury had caused a significant and lasting disability. The client continues to struggle with movement in the left arm, and has experienced both physical challenges and psychological effects, including frustration, low confidence, and social embarrassment.
In 2024, after detailed negotiations, a settlement of £555,000 was agreed. This award covers:
Past care and travel expenses.
Future care and therapy needs.
Loss of earnings.
Specialist equipment and support.
Ongoing physiotherapy and treatment
Although no compensation can erase the trauma or restore full function, this settlement ensures access to the care, support, and opportunities needed for the best possible quality of life. Our client’s mother was relieved to put this claim behind her and focus on supporting the client’s future with the security the settlement provides.
If your child has suffered a birth injury, you may feel overwhelmed, frustrated, and unsure of what steps to take next. At Taylor Rose, we’re here to support you – with expert legal advice and a genuine commitment to securing answers and compensation for what you’ve experienced.
We understand how emotional and life-changing these situations can be. Our specialist Clinical Negligence team has a strong track record of handling complex and sensitive birth injury cases, and we’re ready to help you take the first step toward justice.
If you believe your child’s injury could have been avoided with better medical care, it’s important to explore your legal options. You may be entitled to compensation that can support their recovery and future.
Call us on 020 3540 4444 or fill out our online enquiry form for a confidential, no-obligation consultation with our experienced team.
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