The child developed cerebral palsy after negligence by hospital staff during his birth
The health board has admitted liability for negligence (Image: iStockphoto/Getty)
A mum is suing a Welsh health board for more than £10million on behalf of her son who was left severely disabled after medical errors during his birth. The boy has lifelong care needs due to mistakes by staff at a hospital run by Cwm Taf Morgannwg health board in south Wales.
The health board has admitted liability for negligence but the damages amount is yet to be decided. During his birth in 2012 the child did not get enough oxygen and as a result developed cerebral palsy.
The mother’s waters broke several months before her due date and she spent a few days in the hospital – which cannot be named for legal reasons – before returning home. For our free daily briefing on the biggest issues facing the nation, sign up to the Wales Matters newsletter here
About two months before her due date the mum was admitted to the hospital again and an on-call obstetric registrar noted she was in “threatened pre-term labour”. He agreed a plan with an on-call consultant obstetrician for the mum to be transferred to a hospital in England for more specialist care.
At that stage a paediatric consultant at the English hospital advised that if there was a significant risk of the baby being delivered in the ambulance then the mum should stay in the Welsh hospital.
The registrar reviewed the mum again and found she was still contracting three to four times every 10 minutes, with blood-stained amniotic fluid leaking, but the ambulance transfer went ahead.
According to the claim, the transfer did not begin until two hours and 20 minutes after it was first considered by the registrar. Soon after being moved into the ambulance the “very distressed” mum was bleeding heavily. She feared she would not make it to the English hospital in time for delivery.
The baby was born in the ambulance at around the same time they arrived at the English hospital. His weight was just over 1kg and he needed CPR (cardiopulmonary resuscitation).
He suffered a large brain haemorrhage as a result of not getting enough oxygen before birth and during labour. This resulted in the child developing illnesses including chronic lung disease, Vitamin D bone disease, and cerebral palsy.
In her claim, the mum said the Welsh hospital made serious errors in going ahead with an in utero transfer rather than keeping her there.
“There was a very real risk, as indeed materialised, of [the mum] giving birth in transfer,” the claim states, adding that the hospital had failed to carry out a proper risk assessment or to heed the warning of the paediatric consultant in England.
“No responsible obstetrician would have recommended transfer given the high chance of birth taking place in utero,” the claim went on.
The claim argued that if the boy had been born in the Welsh hospital then he would likely have avoided the haemorrhage and would not have developed cerebral palsy.
The boy’s disabilities have seen him go through more than 60 operations and “frequent” admissions to hospital with serious respiratory illnesses. He has brain damage, he relies on others’ care for his day-to-day needs, he will never be able to manage his financial affairs, and his life expectancy is reduced, the court heard.
In 2016 the health board admitted liability for negligence and that the child would not have suffered the haemorrhage if not for the negligence. Damages are yet to be awarded but the health board has made “large” interim payments, said the judge, Master of the Rolls Sir Geoffrey Vos.
The mother has made a claim for more than £10million in damages and a trial to decide the amount is set to take place in December. Judge Vos ordered the boy be granted anonymity.
Cwm Taf Morgannwg health board declined to comment.
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