A Lanarkshire woman who took her battle to claim compensation for her son’s birth-related injuries all the way to the Supreme Court has finally been awarded damages amounting to £5.25 million, reports the BBC.
Nadine Montgomery, who has diabetes, gave birth to her son Sam in October 1999 at Bellshill Maternity Hospital, Lanarkshire. Women with diabetes are more likely to have large babies and there is a 9-10% risk of shoulder dystocia, where the baby’s shoulders are too wide to pass through the mother’s pelvis. This can be resolved by emergency procedures during labour, but can pose a health risk to both mother and baby.
Mrs Montgomery had apparently raised concerns about her ability to have a traditional birth. However, her doctor’s policy was to not routinely advise diabetic women about shoulder dystocia as the risk of serious injury was very small but if women were aware of it they might elect to have a caesarean section, which the doctor believed was not in the maternal interest.
During his delivery, Sam’s shoulder did become stuck and although medical staff managed to free him, he suffered oxygen deprivation and sustained brain damage.
Mrs Montgomery sought damages on behalf of her son alleging negligence on the part of the doctor who was responsible for her care during her pregnancy and labour, claiming that if she had been made aware of the risks she would have chosen to have a caesarean section.
Her claim was rejected by the Inner and Outer Houses of the Court of Session, but the Supreme Court has now upheld her appeal.
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