Teenager suing New Cross over 'appalling errors' during birth

The 14 year old developed cerebral palsy and debilitating mental difficulties after problems arose during her delivery at New Cross in 2000. She will need 24-hour care for the rest of her life.

Through her mother, the teenager has launched a multi-million-pound legal action against Royal Wolverhampton Hospital NHS Trust, which is also facing a £325,000 claim from a woman who was sent home after a drunken fall in the street but readmitted in a coma the following day.

The girl's lawyers claim that her birth was negligently handled.

A three-week High Court hearing in London heard yesterday that her delivery involved "appalling management of an obstetric emergency".

But the trust contends that, while it breached its duty of care in some respects, this did not cause the girl's devastating injuries.

The girl's mother was rushed to hospital by her partner at 11.25pm on August 22, 2000. She was suffering from a placental abruption - an acutely painful condition where the placental lining becomes separated from the uterus. She gave birth at 12.40am and lawyers for the family say a decision to undertake a caesarean section should have been made quicker and the baby born by midnight.

Satinder Hunjan QC said: ""Our case is that the delay in this case was appalling. Whether it was 25 minutes or 40 minutes, the consequences for my client have been serious".

The trust accepts that there was a failure to identify the problem quickly enough and that the baby girl suffered "serious" brain damage by the time she was delivered.

The barrister argued that, while the teenager would not have avoided injury entirely, she would have suffered "less severe" damage had medics acted faster.

Paul Rees QC, for the trust, said that although the baby should have been delivered by 12.15am, her injuries had already been "triggered" by then and the additional delay made no difference to the tragic outcome. He added that the multi-million pound care package drawn up by her lawyers was excessive.

Meanwhile, New Cross bosses are also facing a £325,000 claim from woman who took a drunken tumble on August 24, 2009, was discharged later that evening but re-admitted the following day in an "unresponsive state'".

Mr Justice Legatt told the court: "Despite treatment, she suffered a brain injury and has been left with a permanent disability.

"The trust has admitted negligence in failing to admit her to hospital overnight for observation.

"But it denies that its negligence had any causal effect on the woman's clinical outcome."

The case was in court as the judge considered whether the trust should have permission to withdraw a £325,000 offer to settle the woman's claim.

He ruled that, unless the trust swiftly came up with evidence and fully explained its wish to withdraw the offer, judgment would be entered in the woman's favour for £325,000.