Mother sues hospital trust for thousands

Trusted article source icon
Saturday, May 09, 2009
Profile image for This is Gloucestershire

This is Gloucestershire

A MOTHER who claims her son was left partially disabled after a difficult birth is suing Cheltenham hospital for a six-figure sum.

Vanessa Scott, from Up Hatherley, issued the High Court writ on behalf of her nine-year-old son Matthew, whose nervous system was irreparably damaged at birth, she alleges.

The writ states complications with the baby's position and size during the birth at Cheltenham General Hospital in 1999 led a midwife to hook her finger under his arm and pull him out – an action which Mrs Scott believes was directly responsible for the injury.

The 46-year-old accuses hospital staff for not following accepted procedures when the 9.7lb baby was first found to be in a difficult position within the womb.

The nine-page writ claims Matthew's chances of future employment have been severely damaged as a result of the hospital's negligence.

It reads: "His career choices are now restricted as he will be unable to carry out any form of heavy manual work.

"He is therefore handicapped on the labour market."

Under the legal system, any writ filed with court fees of £1,530 – the amount that has been paid by Mrs Scott through her solicitors Tozers LLP – is usually for claims in excess of £300,000 in damages.

Stuart Bramley, of Tozers, confirmed the sum sought by Mrs Scott from East Gloucestershire NHS Trust would likely reach six figures.

He said: "I can't say exactly how much it will be, but we are definitely looking at that sort of area.

"But I could not say the exact amount at this stage."

Mrs Scott claims problems first arose when the position of Matthew meant his shoulder became stuck behind the pelvic bone during delivery.

The notes of hospital staff allegedly show the midwife, with the approval of the attending doctor, chose to pull on the baby's body to free him.

After birth, Matthew was treated by a paediatrician and taken to a specialist care unit.

Matthew subsequently developed Erb's Palsy in his right arm.

This is a condition caused by injury to the arm's nerves which almost always occurs during birth, according to the writ.

Gloucestershire Hospitals NHS Trust and Mrs Scott declined to comment.

Tweet this article
Report
 
 
 
 
 
 

Tell us about your area

Got some interesting news? Write about it and let your whole community know.

  Write an article