Birth Injury Claim Against King’s College Hospitals

Nicholas Leahy

Osbornes Law Successfully Resolves Birth Injury Claim

The birth injury solicitors at Osbornes Law recently secured a significant settlement for a client who suffered serious injuries due to clinical negligence during childbirth in November 2018. Nick Leahy, a solicitor in our Clinical Negligence team, represented the client.

Case Background

Our client, identified as AB for confidentiality, became pregnant in early April 2018 and attended the Princess Royal University Hospital (PRUH), managed by King’s College London Hospitals NHS Foundation Trust, for midwifery-led care. Her pregnancy was initially considered low-risk with no concerns arising during routine antenatal appointments.

On 17 November 2018, AB reported strong contractions and was admitted to the hospital’s birthing centre. She progressed to active labour by the evening but faced complications overnight into the following day.

Key Timeline of Events

• 17 Nov, 3 pm: AB was found to be 5cm dilated; conservative management planned.
• 17 Nov, 7:10 pm: Labour established; routine care and monitoring provided.
• 18 Nov, 3 am: Prophylactic benzylpenicillin administered after 24 hours of leaking amniotic fluid.
• 18 Nov, 5 am: Labour augmented with Syntocinon; AB still 6cm dilated.
• 18 Nov, 11:40 am: Cervical dilation at 9cm; signs of labour obstruction developing.
• 18 Nov, 1:40 pm: No further dilation progress despite strong contractions; no obstetric senior review or decision for emergency caesarean section.
• 18 Nov, 3:55 pm: Registrar examination confirmed obstruction; emergency caesarean section scheduled.
• 18 Nov, 5:46 pm: Complicated caesarean delivery required an inverted-T uterine incision due to severe obstruction and Bandl’s ring. Baby admitted to Special Care Baby Unit (SCBU).

Post-Delivery Complications

AB experienced severe postpartum complications including sepsis and ileus, requiring extended hospital stays and further readmissions for ongoing postoperative pain and infection treatment.

Her traumatic experience significantly impacted her subsequent pregnancy in 2020, resulting in a uterine rupture at 31 weeks that necessitated immediate delivery. AB has since been medically advised against future pregnancies.

Civil Claim and Settlement

Solicitor Nicholas Leahy was instructed by AB in December 2020. Investigations supported by an expert obstetrician confirmed negligence, highlighting significant failures to identify labour obstruction promptly and the delayed decision to perform an emergency caesarean. These failures directly complicated AB’s delivery and resulted in additional physical trauma.

After presenting a comprehensive claim to the Trust, significant admissions of liability were made by the hospital in March 2022. A detailed assessment of AB’s injuries and scarring from a Consultant Plastic and Reconstructive Surgeon informed settlement discussions. The Defendant ultimately accepted AB’s Part 36 settlement offer of £85,000 in April 2022.

Solicitor’s Comment

Following the resolution, Nick Leahy commented:

“We are delighted to have secured this positive outcome, recognising AB’s pain and suffering, and ensuring she receives necessary future treatments. This successful and timely settlement highlights the benefits of a collaborative approach, avoiding unnecessary additional stress for injured individuals.”

How we can help

Birth injury claims can be complex, but having experienced solicitors on your side can make a difference. For over 50 years, our firm has specialised in complex birth injury claims, focusing on achieving life-changing compensation awards for our birth-injured clients and their families.

We are widely recognised as being at the top of our profession, achieving consistent top rankings by The Legal 500 and Chambers and Partners for our reputation as specialists in this field.

We work primarily on a No Win, No Fee basis, which makes it easier for everyone to pursue their rights. If your claim is successful, we will deduct our fee from the compensation you receive at the end of your claim.