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Maisie* (now seven years old) was injured when delays during her birth meant that the supply of oxygen to her brain was temporarily stopped, causing a hypoxic brain injury. This severe brain injury is the cause of Maisie’s dyskinetic cerebral palsy.
Dyskinetic cerebral palsy is where a child will make unintended movements with his or her body. These movements can look as if the child is writhing and this kind of severe brain injury may also cause problems with sitting up and standing. Despite a severe physical disability, a child with dyskinetic cerebral palsy will often have preserved intelligence and comprehension.
As a result of her severe brain injury Maisie will be dependent on carers to meet her daily needs during her life and she will not be able to live independently.
Our specialist cerebral palsy claim solicitors secured an admission of liability from the hospital for Maisie’s brain injury claim.
The claims process
When Maisie’s family contacted our cerebral palsy claim solicitors in 2007 we started investigating what had happened during Maisie’s birth to result in such a severe brain injury.
This involved examining medical records for Maisie and her mum and obtaining the professional opinions of medical experts, such as a midwife, an obstetrician and a neonatologist to look at how the severe brain injury had occurred and how a brain injury claim could have been prevented if the hypoxic brain injury had been avoided.
In 2011, our cerebral palsy claim solicitors contacted the hospital to set out the basis for Maisie’s brain injury claim and how we believed midwife negligence had occurred. Our claim stated that the midwife had not noticed – or done anything about - problems with Maisie’s heart rate during the delivery and how delays in resuscitating Maisie after her birth caused the severe brain injury and the cerebral palsy, and that this could have been prevented.
Did the hospital admit fault?
Yes our cerebral palsy claim solicitors obtained an admission of liability in 2011. When Maisie is old enough, the brain injury claim settlement will take account of the hospital’s admission that it was the midwife’s negligence which caused the cerebral palsy.
The future for Maisie
Maisie will be dependent on carers for all of her needs but the hospital’s admission of liability with respect to her brain injury claim settlement means that she and her family will be able to ensure her special needs are met for the rest of her life. Maisie’s claim will be valued when she is old enough for her cerebral palsy to be accurately assessed and the family are receiving short-term temporary payments in the meantime.
*All names have been changed for client privacy.
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