Legal News

A woman whose baby suffered brain injury during delivery has been awarded £5.25 million after a 16-year battle for compensation.

BBC News reports that Nadine Montgomery, 40, sued NHS Lanarkshire, claiming that had doctors given better advice on her son Sam’s delivery, she would have opted for a much safer Caesarean section delivery.

Sam was born on 1 October 1999 at Bellshill Maternity Hospital in Lanarkshire – as a result of complications during his birth he suffers from severe disabilities.

Mrs Montgomery is of small build and has Type 1 diabetes – the case centred on whether the health board had given her sufficient advice on the risks involved in her son’s birth.

Women of small build or who give birth naturally to larger than normal babies may encounter difficulties – and their baby may become stressed or even stuck in the birth canal, sustaining injuries such as fractures or dislocations.

Forceps assisted births may also cause trauma to a baby, as well as injuries such as bruising or even mild brain injury.

Sam’s shoulder was dislocated during delivery, after he became stuck once his head had passed through the birth canal. During a 12-minute procedure to release him, he suffered oxygen deprivation and during resuscitation, brain injury occurred.

Sam was born with cerebral palsy and nerve damage, leading to physical disabilities involving the nerves controlling his shoulder, arm and hand movements.

Mrs Montgomery said she had expressed concerns during her pregnancy about her ability to deliver her baby naturally. She added that had her obstetrician made her fully aware of the risks, she would have elected for a C-section.

The Court of Sessions in Edinburgh rejected Mrs Montgomery’s claim on two occasions, however – and also rejected an appeal.

At the Supreme Court in London, however – the UK’s highest appeal court – judges overturned the previous rulings against Mrs Montgomery.

A panel of seven judges sitting in the Supreme Court said:

“The only conclusion that we can reasonably reach is that, had she (the consultant) advised Mrs Montgomery of the risk of shoulder dystocia – and discussed with her dispassionately the potential consequences and the alternative of an elective Caesarean section – Mrs Montgomery would probably have elected to be delivered of her baby by Caesarean section. It is not in dispute that the baby would then have been born unharmed.”

Chief executive of the General Medical Council, Niall Dickson, said the ruling was “very helpful”.

“We are pleased that the court has endorsed the approach advocated in our guidance on consent,” he said – and added that doctors must work in partnership with their patients “listening to their views and giving them the information they want and need to make decisions”.

After the hearing, NHS Lanarkshire Medical Director Dr Iain Wallace said that practices had “changed significantly” since Sam’s birth.

“Women are more fully informed and advised of the risks and complications of pregnancy and birth than was the case at that time,” Dr Wallace said.

“We are disappointed in the Supreme Court's decision, which has applied retrospectively to the law relating to informed consent and to this case,” he added.

Mrs Montgomery said the ruling would enable her son to receive the best possible care for the rest of his life.
“This judgment is an enormous relief after a very long legal fight,” she said.

“I believe that I had the right to know of all the risks surrounding Sam's birth – and I am pleased the Supreme Court has recognised that.

“I hope this means that other patients will not have to go through what I have gone through.”

Duncan Lewis Clinical Negligence Solicitors – No win no fee Birth Injury Claims

Duncan Lewis clinical negligence solicitors can advise parents whose child has suffered a birth injury as a result of medical negligence on how to make a no win no fee claim for compensation, including birth injury claims relating to:

• Brain injury
• Cardiac arrest
• Cerebral palsy
• Fatal birth injury
• Forceps injury
• Head injury (“cookie cutter” injury, bruising, haematoma)
• Hospital-acquired infection
• Oxygen deprivation during birth
• Perineal tearing to the mother
• Stroke
• Umbilical cord injury.

Clinical negligence claims are usually made within three years of the date of injury – however, claims for children who suffer birth injuries can be made up to the age of 21.

For expert legal advice on no win no fee Birth Injury Claims, call Duncan Lewis Clinical Negligence Solicitors on 020 7923 4020.