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Mother wins £5m in compensation for son brain-damaged at birth

Posted in: Birth Injury Head and Brain Injuries Medical Negligence 

A mother has been awarded £5million in compensation after her son was born with severe brain damage following birthing complications. 40-year-old Nadine Montgomery won the compensation over the claim that doctors failed to provide her with proper advice, which could have led to her son having had a safer caesarean birth in 1999. Sam Montgomery, now 16-years-old, requires around the clock care.

Mrs Montgomery had previous had her claim rejected on two occasions at the Court of Session in Edinburgh. Judges at the Supreme Court, London, however, supported her claim against NHS Lanarkshire. Following the ruling, Mrs Montgomery said: “This judgment is an enormous relief after a very long legal fight.

Deprived of oxygen

Mrs Montgomery said that she was relieved to finally have her claim granted. She said this would ensure that her son Sam would receive the best care possible, and also prevent other patients from receiving the inadequate level of care that she did. 

Mrs Montgomery gave birth to her son on 1 October 1999 in Bellshill Maternity Hospital. During his birth he became stuck — it is common for diabetic mothers to give birth to larger babies, something that was not taken into account by doctors — which resulted in him being deprived of oxygen. Resuscitation resulted in severe brain damage, cerebral palsy and nerve damage.

Niall Dickson, chief executive of the General Medical Council, described the judgment as “very helpful”. He added: “We are pleased that the court has endorsed the approach advocated in our guidance on consent”.

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