Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Insights

A v Poole Hospitals NHS Foundation Trust

Posted on 27th May 2022 in Medical Negligence

Posted by

Clair Hemming

Partner and Solicitor
A v Poole Hospitals NHS Foundation Trust

Tozers (Michelle Beckett) were instructed by the parents of child A, who was diagnosed with a brachial plexus injury 2 days following her birth at Poole Hospital in 2015. 

Shoulder dystocia occurred during A’s birth.  Shoulder dystocia is an obstetric emergency where the baby’s shoulder becomes stuck behind the maternal pubic bone.   Injury to the brachial plexus can occur if force is applied to the fetal head.  Rather than panicking and applying force midwifery staff are trained to manage this emergency in a structured way with a series of recommended manoeuvres.

The parents had made a complaint to the Trust and following an internal investigation the Trust had reported that the management of the birth was satisfactory.

Having investigated the claim we concluded that there was evidence to suggest that midwifery care provided during the delivery was substandard.  We raised this with the Trust informally, but they continued to maintain that they were not liable for A’s injury.

We issued Court proceedings and a formal Defence was filed by the Trust.  Tozers (Clair Hemming) subsequently entered into negotiations with the Trust solicitors, and agreed a compromise with the Trust who ultimately agreed to accept liability for the injury.

The compromise was approved at the Royal Courts of Justice in early May 2022.

A is too young for there to be an assessment of damages and proceedings will therefore be stayed until she older.

 

How can we help

If you or your family have suffered because of medical negligence, we’ll help you to rebuild your life for the future. Contact us today and let us help you.

Contact our legal experts

 


 

eNewsletter sign up

 

Company & Industry

Related Insights

Insights

CQC Report on Recent NHS Maternity Failings

Posted on 26th September 2024 in Medical Negligence

A hard-hitting report from the Care Quality Commission (CQC) published on 19 September 2024 has identified serious concerns over the quality and safety of maternity services in England.

Posted by

Endurance Arthur

Partner and Solicitor
Insights

Neonatal and Childhood Stroke

Posted on 08th August 2024 in Medical Negligence

The Tozer’s Medical Negligence team act for families affected by stroke and want to raise the importance of the signs and symptoms of strokes across the UK. A stroke happens when the blood supply cannot reach parts of the brain, and rapid medical treatment must be sought, early diagnosis reached, and prompt medical attention is obtained. 

Posted by

Helena Campbell

Associate & Chartered Legal Executive