Grieving mother awarded £20,000 damages
1st May 2008
A grieving mother whose newborn daughter died as a result of medical negligence has been awarded £20,000 in damages.
The High Court heard that the baby suffered from hypoxic ischemic encephalopathy which causes damage to the central nervous system due to lack of oxygen. She had no prospect of surviving and died a few days after her birth when her life support machine was switched off.
The NHS Foundation Trust did not accept liability until three years later. During that time the mother suffered from a number of disorders including anxiety, loss of concentration and sleeping problems. She claimed compensation for the psychiatric injury caused by her daughter’s death and the prolonged investigation into what had happened.
The court accepted that even though it might not be possible to give a specific medical term to the mother’s symptoms she had in fact suffered from a pathological grief reaction to her daughter’s death. She was awarded £20,000 damages which included the cost of her daughter’s funeral and providing a headstone for her grave.
Stephen Higham, accident claim solicitor and partner at David Phillips and Partners, points out that, “the three year delay was relevant in this case. If the NHS trust had accepted liability earlier, no doubt they could have settled the claim more quickly and for less money. Defendants often take an unreasonably hard-line approach to liability, meaning that victims and their near relatives have to suffer with the consequences of the defendant’s negligence for far longer than necessary. This adds to the stress and prolongs the claimants’ suffering which the court recognised in this case.”
For accident claims advice call Stephen Higham free on 0800 027 7870.