Over £35,000 for birth injury to mother at Chelmsford hospital.

The key allegation related to informed consent – there was a failure to advise the client as to the risk of her baby suffering shoulder dystocia and a failure to give her the option of proceeding by way of an elective caesarean section.

The client was a type 1 diabetic and her baby was of a large size, which is a key factor in assessing whether the risks of shoulder dystocia should have been discussed and whether an elective caesarean section should have been presented as a reasonable option. During her pregnancy the client expressed concern to the clinicians about the need for an emergency caesarean section and requested an elective caesarean section on a further occasion, but this was refused. Had she been given the option of a caesarean section she would have taken it, resulting in no injury to her or her baby.

The client suffered the physical trauma of birth and required episiotomies, extensive suturing and suffered with infections. These injuries were balanced against the impact of a caesarean section but for the alleged negligence.

Our client also suffered psychological trauma, including anxiety and depression, as a result of witnessing her baby in a poor condition. She continues to suffer with some mild anxiety/depressive symptomology and continued avoidance/phobic symptoms related to pregnancy and childbirth (which is now permanent). As a result of this the client does not intend to have another child (as she had previously planned) and her partner has undergone a vasectomy. Her psychiatric symptoms are unlikely to improve.

After working towards a trial on liability, the parties agreed to settle the claim following a RTSM in January 2025.