A Sussex hospital trust has agreed to pay out “a large six-figure settlement for a mother who suffered a traumatic birth” arising from negligence, a law firm said.
East Sussex Healthcare NHS Trust spent seven years fighting the claim even though it accepted liability, according to Brighton solicitors Dean Wilson.
The mother gave birth in the back of an ambulance during an unnecessary transfer to a specialist hospital.
In the ambulance, she had just a midwife to help her even though she the hospital that arranged the transfer “had the capability of managing her and her child’s delivery”.
As a result of the experience, the mother suffered severe post-traumatic stress which affected her ability to work.
Initially, the trust offered a token four-figure amount before making a number of offers in the tens of thousands of pounds.
The trust also appeared to suggest that the mother had not suffered as seriously as she was found to have by the author of three separate expert reports.
Eventually, the trust offered a six-figure sum to settle the claim but it took mediation before an acceptable offer was agreed, Dean Wilson said.
The trust runs a number of hospitals including Eastbourne District General Hospital and the Conquest Hospital, in Hastings.
Dean Wilson said: “Following an almost seven-year battle, Alex Brown and his team secured a large six-figure settlement for a mother who suffered a traumatic birth following negligence by East Sussex Healthcare NHS Trust.
“(It was) a massive 9,900 per cent increase from the trust’s opening offer of settlement.
“The claimant had been noted as having complex presentation when she had gone into labour and there was confusion whether the hospital she was in had the capability of managing her and her child’s delivery.
“Had the trust followed its own guidance, it would have established that it was safe for the mother to give birth in the hospital and there was no need to transfer her to an alternate specialist hospital.
“Unfortunately, the claimant was put in an ambulance for transfer and had a traumatic birth with her baby born in poor condition in the back of the ambulance, with only a midwife in attendance.
“There were significant concerns as to the baby’s health and prognosis and, as a result, the claimant suffered a severe post-traumatic stress reaction which had a significant impact upon her and her career and her ability to work having been highly ambitious before the negligence.
“Despite the trust admitting liability early, it sought to make a notional four-figure settlement offer to try to dispose of the claim without proper consideration of the claimant’s long-term prognosis.
“Eighteen months later, the defendant made multiple five-figure offers, again without having obtained their own expert evidence and ignoring the claimant’s expert evidence.
“Matters proceeded later to a joint settlement meeting and, again, the defendant refused to provide its expert evidence in advance of (the) meeting despite having seen, at this stage, three reports from the claimant’s psychiatry expert.
“This meeting failed with the defendant making their first six-figure offer.
“Finally, just 10 days before trial was due to commence, the parties convened for mediation.
“At this meeting, the trust sought to raise arguments such as because the claimant had been doing exercise at various points over the past six years, she could not be as compromised as she said she was.
“Despite all this, the defendant trust finally made an acceptable offer to the claimant which was accepted and was a remarkable increase of 9,900 per cent from the trust’s opening offer of settlement five years earlier.”
Dean Wilson added: “Alex Brown was assisted by Lyubov Nikolchova, Jasmine Cattigan and Samantha Brace. Counsel for the claimant was Helen Pooley, of Deka Chambers, who retained robust advice for the claimant throughout the case.
