Compensation awarded for medical errors at Kent and Canterbury Hospital

Thursday, 26 February 2009 00:00

The mother of a boy left with a disabled left arm as a result of the management of his birth has finalised the long battle in his claim for compensation.

The 17 year old was born at the Kent and Canterbury Hospital in November 1991. During the delivery one of his shoulders became stuck - an obstetric emergency known as shoulder dystocia. It was alleged that the staff did not employ the standard manoeuvres to overcome this problem and as a result he sustained Erb's Palsy, where the nerves supplying one shoulder, arm and hand become damaged from pulling, often leading to a permanent disability.

The boy has undergone surgery to try to improve the arm and hand function but, although this gave him greater abilities than before, he has been left with very restricted use of one arm, meaning that normal everyday activities are difficult.

A legal claim for damages was brought and the circumstances of the birth were investigated. Following negotiations between the boy's solicitor, Tim Dyde of Tozers LLP, solicitors in Exeter, and the solicitor for the hospital, an agreement was reached on a monetary settlement. As is necessary in any legal claim involving a child, the settlement required the approval of the court and this was given today (25 February) at the Royal Courts of Justice in London.

The child's mother was instrumental in setting up the Erb's Palsy Group, a support group for children with brachial plexus injuries (the nerve supplying the nerves) and said: "I hope that by highlighting our case other families will realise that there is support out there for children with this type of injury and their families." The boy's solicitor Tim Dyde commented: "Even though Tozers specialise in Erb's Palsy claims, it was particularly gratifying to have obtained this result and the award of damages will go some way towards helping him lead the fullest possible active life and overcome his difficulties."