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Hospital admits liability for Ipswich boy's brain injury |
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01 February 2008 |
A hospital has admitted that it is responsible for an Ipswich boy's brain injuries sustained at birth, having delayed his delivery.
Finley Green (now three years old) was born in Ipswich hospital in August 2004.
A hospital has admitted that it is responsible for an Ipswich boy's brain injuries sustained at birth, having delayed his delivery.
Finley Green (now three years old) was born in Ipswich hospital in August 2004. For his mother, Nicola Howe also of Ipswich, it was her first child. Labour had been protracted and a decision was made to take her to theatre.
The usual protocol is for doctors to attempt briefly to induce the birth, on this occasion using a suction cap attached to the baby's head, and then to proceed to a caesarean if it does not immediately succeed.
On this occasion two doctors were present. But after the first had tried unsuccessfully to induce the birth, instead of proceeding immediately to a caesarean, the second doctor also attempted to induce. This process took about half an hour, during which time the foetus was trapped in the birth canal and starved of oxygen.
Eventually he was delivered by emergency caesarean section.
Subsequently, in a letter to the family's lawyers, the hospital admitted responsibility for Finley's injuries, saying:
'Further investigations have been carried out into this matter and we can confirm that the Trust will no longer be denying breach of duty in this case.
'We also confirm that it is accepted that, but for the admitted breach of duty, the Claimant would have been born earlier and would have avoided the hypoxic injury from which he suffered.'
Now that liability has been admitted by the hospital, the case must go before the court to decide on a proper level of damages suitable to support Finley, who will not recover from his injuries. However, it may take some time before it is possible for doctors to assess Finley's prognosis.
The lawyer managing the case for Finley and his mother is Tom Cook, a partner with Kester Cunningham John. 'As a result of the Trust's negligence, Finley has sustained profound brain injury, which means he will require lifelong care, specialist therapy and equipment,' he said.
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