BFL v East Kent Hospitals University NHS Foundation Trust – November 2022
BFL sustained a left-sided Erb’s Palsy injury during her birth in 2015 with damage to her C5, C6, C7 and possibly T1 nerve roots.
Following the delivery BFL’s parents instructed Simon Mansfield to investigate the care provided to her and his mother. On review of the records relating to the birth, we identified two potential criticisms of the care provided.
Firstly, a failure to recognise when caring for BFL and her mother in this pregnancy that shoulder dystocia had been encountered during a previous delivery and accordingly to advise BFL’s mother of the risk of this happening again, and of the option of delivery by elective caesarean section.
Secondly, a failure to manage shoulder dystocia when encountered appropriately as (on the parent’s evidence) they were adamant that the McRoberts’ position was not adopted during attempts to overcome the emergency. Having experienced this procedure previously both parents were clear that instead of the McRoberts’ position being adopted mum was transferred straight to her all fours and BFL delivered with downward traction.
As success in relation to the second argument effectively required us to prove that the medical records relating to the delivery had been falsified, initially, a Letter of Claim was sent dealing with the first set of allegations alone. The Defendant initially however denied liability and argued that mum would have opted for a vaginal delivery even if advised of the risk. A further Letter of Claim was therefore then sent incorporating the second allegations.
After a long delay, the Defendant finally responded with a full admission of liability in their second Letter of Response. While they did not accept that the records relating to the shoulder dystocia had been falsified to include manoeuvres not undertaken, they did accept in retrospect that if antenatally the offer of delivery by caesarean section had been made, BFL’s mother would have proceeded with this in preference to a vaginal birth.
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Partner & SOLICITORSimon Mansfield |
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