Victims of negligent medical advice are no less entitled to compensation than those who suffer injury under the surgeon’s knife. The point was made by the case of a mother who blamed allegedly inadequate antenatal counselling for the grave disabilities with which her son was born.
The woman was slight in stature and claimed that she should have been given the option of a caesarean delivery when she attended a prenatal appointment five months before her son’s birth. In the event, the boy’s traumatic delivery had to be performed using forceps. He suffered a brain haemorrhage and a catastrophic stroke shortly afterwards, with the result that he was stricken by cerebral palsy and requires 24-hour care.
Two NHS trusts whose staff played roles in the mother’s antenatal care denied breach of duty. However, following negotiations, they agreed to settle the boy’s claim for a lump sum of £1,325,000. In approving that figure, the High Court noted that it had been discounted to take account of litigation risks. It would, however, make a life-changing difference to the 13-year-old boy by, amongst other things, enabling his family to purchase a new home and adapt it to his needs.
