A child diagnosed with cerebral palsy following a traumatic brain injury received some justice as a Judge ruled for the hospital to bear responsibility for the child’s injury.
Daniel Spencer, an eleven-year-old boy in the United Kingdom has dealt with cerebral palsy since his birth, when a lack of oxygen and a number of errors by the medical team caused his traumatic brain injury. When mother Susan began bleeding, the team was slow to respond and did not react appropriately when the fetal heart rate monitor showed that Daniel’s heart rate was fluctuating. It took more than ten minutes for anyone to examine her, thus increasing the time Daniel was in distress.
“Even then there was no sense of urgency but we were completely in their hands and helpless. When we were told about Dan’s brain damage it was hard not to feel very angry but we focused all our efforts on providing for him and trying to give him the best quality of life possible,” said Olly Spencer, Daniel’s father. Him and his wife Susan have three other children.
Since his birth, Daniel has required 24-7 monitoring and care due to the severity of his condition, an expense and hardship that has made the injury that much more difficult for Daniel’s parents to bear. Daniel attends a special school and requires the use of an electric wheelchair.
In a Birmingham courtroom, the judge accepted the offer that Worcestershire Acute Hospitals NHS Trust’s lawyers proposed, making the hospital largely responsible for the boy’s injury. The settlement terms were agreeable to both sides, ensuring the availability of a care package for Daniel to help him with his medical needs, including 24-hour monitoring and care and rehabilitation.
“Today feels like a new beginning for him and gives us peace of mind that no matter what happens in the future, he will always have access to the best possible care and support,” Daniel’s father stated. “We just hoped the Trust has improved maternity services and learned from what went wrong in the hope of preventing any other family from going through what we have.”
The Spencer’s attorney, Sara Burns from Irwin Mitchell, stated that the couple’s devotion to Daniel and desire to provide the best quality of life possible showed throughout the proceedings. “Today’s judgement means the family is now one step closer to this lifetime of care and we will now work to arrange a settlement as quickly as possible. This will provide Daniel with rehabilitation such as physiotherapy, live-in care staff, and specialist equipment including electronic wheelchairs,” she commented.
“The birth of a child should be one of the happiest times of people’s lives but sadly we continue to be contacted by families who are devastated by the consequences of not receiving the care they deserved.”
Daniel Spencer will enjoy a higher quality of life despite his traumatic injury due to the devotion of his parents and the skilled representation his attorneys provided. The cerebral palsy attorneys at the Child Injury Firm want to help you and your child obtain the same result as the Spencers have. If a medical mistake caused your child’s traumatic brain injury, don’t let another day pass. Contact the attorneys at the Child Injury Firm today.
