10-year-old wins over £7m after professional negligence

A young boy has received over £7 million in compensation after he was left brain-damaged at birth following a medical blunder at an Oxford Hospital.

The case which was completed in mid-October this year, involves the child who is now 10-years-old, and has left him with no appreciation of danger, suffering violent temper tantrums and in need of around-the-clock care for the rest of his life, after he was starved of oxygen at birth.

The hearing at London's Royal Courts of Justice described the case of professional negligence, which led to the boy's current state and described that at is birth in February 1999 he had been unnecessarily delayed despite signs of foetal distress.

His mother was given excessive doses of Syntocinon - a drug used to induce labour - and there had been a "general failure" to monitor her condition," the court heard.

Largest medical payout

The Hospitals NHS Trust accepted liability for the case of medical negligence, marking one of the biggest medical payouts.

Last year, a total of £13.3 million was paid out for cases of clinical negligence involving the trust - almost double the £7.2 million it paid out in 2007.

Edward Faulks QC, the barrister representing the boy and his parents said that he had a normal life expectancy, but would never work.

The court heard how - despite being a "handsome and engaging little boy with a great zest for life" - he was aware of the differences between himself and his peers, and his limitations.

The settlement includes a £2.3 million lump sum and annual payments - starting at £75,000 and rising to £165,000 when he reaches the age of 19 - for life. The compensation will be settled by the NHS Litigation Authority.

Mr Justice Holroyde said that the boy's disabilities were down to "the negligence of the defendants medical and nursing staff in the management of his birth".

Proper care for the rest of his life

After the hearing, the mother-of-two said: "We have pursued this claim to ensure that my son is looked after and taken care of for the rest of his life.

"We are relieved the settlement has eventually been agreed and we will not have to worry about what will happen to him when we are no longer around.

She added that: "Caring for my son is both challenging, but also extremely rewarding, but we would have liked to have had the opportunity to see him grow up as a normal boy.

"We sincerely hope the health service will start to take note of their mistakes and instead of paying out millions in negligence claims, ensure sufficient numbers of suitably trained staff are available to stop these types of accidents occurring in the future."

Laura Carpenter, a spokesperson for the Trust, said: "The trust is deeply sorry for any distress caused to Harry and his family following his injury and hopes the settlement will assist Harry in achieving his full potential. The trust would like to wish him and his family well for the future."

The trust did not disclose whether the medical staff involved in the boy's case would face disciplinary action.

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Source:- GoArticles