Six-figure settlement for child delivery injury

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THE POINT at which medical treatment becomes negligence is not always easily defined. Proving error is tricky and usually involves one or more specialists making a judgment on the skills of another. The process can take years and requires commitment and persistence by a team of skilled lawyers. But settlements can be achieved – many of them substantial and making a real difference to the quality of life of those affected.

One case taken forward by Digby Brown involved the delivery of a baby called Thomas in 1994, during which, he suffered from a condition called shoulder dystocia. This is an obstetric emergency as the baby becomes caught by the shoulder. This delays delivery and causes compression on the cord.

In Thomas’ case, forceps were used for delivery. He was then found to have an avulsion injury, rendering his arm completely useless. The effects turned out to be permanent and it was argued on his behalf that excessive force with forceps was used during delivery.

After many years fighting for justice, Digby Brown achieved settlement of a six-figure sum. Its thorough preparation of the case was a major factor in the defenders’ decision to settle before the hearing. The money allowed Thomas to improve his personal circumstances in ways which would not otherwise have been possible.

Without the expertise, hard work and commitment of the legal team, this would not have happened. Thomas’ parents said they were delighted with the settlement and said Digby Brown “were effective, encouraging, enthusiastic – and excellent.”

This article was published in The Scotsman on 26th March 2012 written by Andrew Collier

If you would like to find out more about how Digby Brown could help you with a Clinical Negligence case email: or click here to read more about the department.

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