Spastic Quadriplegic Cerebral Palsy Case Study - A
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AJ V SOUTH BUCKINHAMSHIRE NHS TRUST
Helen Niebuhr acts for A and her family.
FACTS
A's mother Carolyn had delivered her first child by caesarean section.
A suffered a period of oxygen starvation in the last hour of her mother's labour.
As a result of her oxygen deprivation during labour A suffered a hypoxic injury leading to her cerebral palsy.
LITIGATION
A was born on in March 1996.
Darbys were contacted and Legal Aid granted in March 2001.
In October 2004 after investigation A's claim was put to the defendants.
In June 2005 the South Buckinghamshire NHS Trust admitted responsibility for A's cerebral palsy.
An interim payment was made to help provide for A's needs.
In 2008 the family bought a house suitable for adaptation.
A's claim is presently being valued. The Court will make a final compensation order in February 2010.
BREACH OF DUTY
It was A's case her mother was not properly advised that because of her previous caesarean section she was at increased risk of complications during labour.
There is an increased risk of uterine rupture along the scar line of the caesarean section incision.
Also that the doctors failed to recognise A was beginning to suffer from lack of oxygen during labour and her mother's uterine scar was starting to tear.
CAUSATION
It was A's case that had Carolyn been fully informed of the risks associated with attempted vaginal delivery she would have elected for caesarean section and A's period of lack of oxygen and injury avoided.
It was also A's case that proper management of labour would have resulted in earlier delivery by emergency caesarean section and the period of hypoxia which caused A's brain injury avoided.
OUTCOME
A is guaranteed full compensation to provide for her needs.
