Victory: mum wins £7.1m payout for son left disabled by hospital (From Bournemouth Echo)
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Victory: mum wins £7.1m payout for son left disabled by hospital
8:35am Wednesday 9th January 2013 in News
Victory: mum wins £7.1m payout for son left disabled by hospital
A BOURNEMOUTH mother is celebrating a massive £7.1million payout from the Royal Bournemouth Hospital after it admitted liability for her son’s disabilities.
Clare Scott, 36, spent almost 14 years locked in a legal battle with the hospital that delivered her first-born son Charlie in 1998.
Despite a normal pregnancy, complications at his birth led to Charlie being diagnosed with spastic quadriplegic hemiplegic athetoid cerebral palsy.
The hospital has admitted his brain injury would have been avoided if they had cared for Clare properly during her labour.
Now 14, Charlie cannot talk, sit up properly or drink by himself and will need care for the rest of his life but is an intelligent and fun-loving boy who enjoys playing with his four younger brothers, Spencer, Harrison, Austin and Willis.
Clare said she realised something was wrong the minute Charlie was born. “He was white, the colour of a piece of paper.
“All his extremities were blue, his lips, fingernails, everything. The midwife who delivered him left the room and they telephoned the flying squad in Poole.
“It was 55 minutes before he breathed on his own, it all kind of happened in slow motion.”
Charlie spent the next month in special care in Poole Hospital and was diagnosed with cerebral palsy when he was six or seven months old.
It’s believed the umbilical cord had been wrapped around Charlie’s shoulders and squashed completely for 20 minutes.
If the midwives had noticed a problem sooner Clare could have gone to Poole for an emergency Caesarean section but Clare was not properly monitored.
“If they had transferred me the odds are it would never have happened.
“They had procedures in place for emergencies but basically none of it ever happened.”
She said her clinical negligence award will be used to buy Charlie specialist equipment and will provide him with a secure future.
“I adore Charlie but life is very hard,” she said.
“He needs constant care and attention. We decided to take action against the hospital when he was nine months old because I knew that something had happened to make him disabled.
“I did it because I want him to be looked after in the future. Social services are brilliant, however every time we need something we have to be assessed and it’s so drawn out. I wanted to be able to say ‘Charlie needs a new wheelchair, let’s go and get him one.’ The hospital admitted liability in 2010 and agreed a settlement last October. Clare said: “It was a really weird feeling. It was just so strange to know that after all that time and all the fighting and the appointments with medics, experts and consultants that that was it.
“We never really discussed how much we might get because nobody really knew.
“To be perfectly honest no amount of compensation makes up for the disability but it’s security and it makes me feel better to know that when I can’t look after him anymore, I will be able to put something else in place.
“My message to others would be don’t give up, no matter how hard it gets.”
Paula Shobbrook, director of nursing and midwifery, said: “We apologise sincerely to Charles and his family for the level of care that they received.
“Since 2010 we have been working together to reach agreement to provide compensation to Charles and his family for Charles’ injuries and provide Charles with some security and the care he requires for the future.”
The Trust admitted in October 2010 that the standard of care afforded to Charles’ mother during the course of her labour and his delivery fell below an acceptable standard.
Had an appropriate standard of care been provided, Charles’ brain injury would have been avoided.
Charlie was represented by Carol Maunder, head of Dutton Gregory solicitors specialist clinical negligence department.
She said that she was delighted with the result that was “well deserved by such a lovely young man”.
She confirmed that once the Trust had admitted liability, they made a number of substantial interim payments which “immediately improved Charlie’s quality of life”.
The final award was approved by the court on October 9 for the amount of £7.1million.
A large proportion of Charlie’s award will be received on an annual periodical payment basis – similar to a pension – to ensure that Charlie continues to receive a suitable 24-hour care package for the rest of his life.
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Comments(46)
Marcus James
says...
9:43am Wed 9 Jan 13
Knowing what solicitors charge for each letter they send, read and write, I dread to imagine what the legal costs of this case must be.
rozmister
says...
9:44am Wed 9 Jan 13
Well done Clare for sticking to your guns and making sure the truth was heard. You seem like an amazing mum and I wish you, Charlie and your family the best for the future :)
bosco1
says...
9:57am Wed 9 Jan 13
Huey
says...
10:11am Wed 9 Jan 13
We all know you would rather have not gone through any of this.
scrumpyjack
says...
10:22am Wed 9 Jan 13
Good luck and don't forget some go faster stripes for the wheelchair.
polblagger
says...
10:40am Wed 9 Jan 13
Is it just me that thinks this is poorly worded and makes the award sound like a lottery win?
wilkiemini
says...
10:44am Wed 9 Jan 13
What a lovely smile he has xx
MPK83i
says...
11:10am Wed 9 Jan 13
step up
says...
11:43am Wed 9 Jan 13
wilkiemini wrote:Exactly. Why has this poor woman been had to fight for 14 years during which time she has had all the care needs of her son to deal with. Barbaric. Bournemouth Hospital could have admitted liability. There is sonething wrong with this society.
Bless them....but should have been sorted years ago ....14yrs??? shame on Bournemouth hospital
What a lovely smile he has xx
afcb-mark
says...
11:50am Wed 9 Jan 13
MPK83i wrote:I for one don't care where this money comes from. This young lads prospects and future as it might have been has been taken away from him and his family due to negligence and he deserves every penny to make his difficult life as comfortable as possible. They must have struggled over the past 14 years with battered out heavy wheelchairs and the rest of the equipment/care he required. Now he can have the best whenever he needs it. Good luck to him, he deserves it.
I think it's great that it has been solved and hope the money goes some way to help the whole family deal and mve on. BUT, 7 million of whos money? Where is that being taken from,who will now lose out because of that money?
Huey
says...
12:03pm Wed 9 Jan 13
MPK83i wrote:Hospital are insured. It is the insurance company who be paying out the money.
I think it's great that it has been solved and hope the money goes some way to help the whole family deal and mve on. BUT, 7 million of whos money? Where is that being taken from,who will now lose out because of that money?
gileto
says...
12:28pm Wed 9 Jan 13
To put it into context, those UK parents who fight against their children being taken away and adopted and where it's subsequently found and agreed that this should never have happened due to officials negligence do not get their children back, have a lifetime of mental suffering and how much in compensation?? Zero.....
step up
says...
12:35pm Wed 9 Jan 13
Azphreal
says...
12:46pm Wed 9 Jan 13
suzigirl
says...
12:49pm Wed 9 Jan 13
Arthur Maureen
says...
12:55pm Wed 9 Jan 13
MPK83i wrote:Think you've had your question answered, perhaps think beyond a nano second before posting perhaps..
I think it's great that it has been solved and hope the money goes some way to help the whole family deal and mve on. BUT, 7 million of whos money? Where is that being taken from,who will now lose out because of that money?
Warm wishes to the family :)
nonnogeppetto
says...
1:36pm Wed 9 Jan 13
I agree that the legal system drags things along because it is to their advantage, it would be interesting to see what the final legal bill for the case was! I guess we will never know.
really?? seriously??
says...
1:46pm Wed 9 Jan 13
OKANAGAN 1
says...
2:08pm Wed 9 Jan 13
Good luck to the other children in the family as well and to the Husband .
ASM
says...
2:20pm Wed 9 Jan 13
goldmum
says...
2:21pm Wed 9 Jan 13
scrumpyjack
says...
3:00pm Wed 9 Jan 13
gileto wrote:Way off subject and wrong.
Fantastic that the rest of this lad's life will be made easier. 14 years is indeed a complete joke. £7m does sound an awful lot and apart from the high costs needed for the rest of his life, there is a very large compensation element here.
To put it into context, those UK parents who fight against their children being taken away and adopted and where it's subsequently found and agreed that this should never have happened due to officials negligence do not get their children back, have a lifetime of mental suffering and how much in compensation?? Zero.....
They base the payout on the cost of care for life not 'compensation'; this is not America.
muscliffman
says...
3:01pm Wed 9 Jan 13
But once again we seem to be missing the issue of accountability. The NHS is funded by us, This compensation will be paid for by us (Insurer maybe now, but watch the future premiums). So everbody looses?
Not quite, the Lawyers will have done very nicely - at our NHS expense.
The NHS employees and management responsible and who should have been accountable here - directly or indirectly? What has happened to them? We can guess, somewhere between nothing and promotion - on past evidence!
A dreadful, expensive and avoidable tragedy all round.
scrumpyjack
says...
3:06pm Wed 9 Jan 13
ASM wrote:As alreay posted, they insure against this. Worst case scenario the cost of their indemnity insurance goes up.
they deserve it, good luck to them. But, I hope it doesn't mean budget cuts and job losses for NHS staff
Better result than having to fund his care for the next 60 years is it not?
scrumpyjack
says...
3:07pm Wed 9 Jan 13
BIGTONE
says...
4:35pm Wed 9 Jan 13
3:06pm Wed 9 Jan 13
As alreay posted, they insure against this. Worst case scenario the cost of their indemnity insurance goes up..
Might not be the case.
The insurers may not pay some or all depending on the depth of any negligence on the part of the hospital.
Cosmic Crusader
says...
5:06pm Wed 9 Jan 13
BIGTONE wrote:One way or another we, the public, will pay and I am pleased to make my contribution. It would be very interesting to know the circumstances which contributed to the negligence of the NHS. These things should not be swept under the carpet. If individuals made errors then justice should prevail. If a motorist causes a crash because of carelessness then he will be prosecuted for the offence. Why not in this case.
scrumpyjack says...
3:06pm Wed 9 Jan 13
As alreay posted, they insure against this. Worst case scenario the cost of their indemnity insurance goes up..
Might not be the case.
The insurers may not pay some or all depending on the depth of any negligence on the part of the hospital.
BIGTONE
says...
6:09pm Wed 9 Jan 13
Cosmic Crusader wrote:Agree.
BIGTONE wrote:One way or another we, the public, will pay and I am pleased to make my contribution. It would be very interesting to know the circumstances which contributed to the negligence of the NHS. These things should not be swept under the carpet. If individuals made errors then justice should prevail. If a motorist causes a crash because of carelessness then he will be prosecuted for the offence. Why not in this case.
scrumpyjack says...
3:06pm Wed 9 Jan 13
As alreay posted, they insure against this. Worst case scenario the cost of their indemnity insurance goes up..
Might not be the case.
The insurers may not pay some or all depending on the depth of any negligence on the part of the hospital.
ronrollins@hotmail.com
says...
6:17pm Wed 9 Jan 13
MPK83i wrote:zz
I think it's great that it has been solved and hope the money goes some way to help the whole family deal and mve on. BUT, 7 million of whos money? Where is that being taken from,who will now lose out because of that money?
spooki
says...
9:37pm Wed 9 Jan 13
grumpyolddear
says...
9:51pm Wed 9 Jan 13
Two members of my immediate family have suffered because of avoidable medical negligence, not to mention the knock on effect on all of the other family members.
The only way to stop this is to push them into having an inquiry - and how do we achieve that? See the headline.
Well done Claire, let's hope you and your family will enjoy a lot less stress now the fighting is over. That is the fight to win your case and the constant fighting for the services your son should receive without your having to pressurise the other cash strapped government departments.
Hessenford
says...
10:20pm Wed 9 Jan 13
spooki wrote:Careful what you wish for, it seems that the maternity unit is doomed for closure because of the merger with Poole.
Why do they have a 'maternity unit' in Bournemouth Hospital when they are so limited in what they're allowed to do there? By that I don't mean close the unit we have but make it into a PROPER maternity unit, where women can have epidurals, caesarians and whatever they need. Yes the birthing rooms are lovely to look round but when your waters break with merconium in them (I live a mile from Bmth Hospital), you don't want to be told you now have to go to Poole hosp in an ambulance as "we don't have the emergency facilities here". Best wishes and good luck for this family, and what a lovely smiling face Charlie has. It's just a shame she's had to fight for so long.
s-pb2
says...
10:56pm Wed 9 Jan 13
gileto wrote:Where is it found and agreed? Facebook? What utter nonsense
Fantastic that the rest of this lad's life will be made easier. 14 years is indeed a complete joke. £7m does sound an awful lot and apart from the high costs needed for the rest of his life, there is a very large compensation element here.
To put it into context, those UK parents who fight against their children being taken away and adopted and where it's subsequently found and agreed that this should never have happened due to officials negligence do not get their children back, have a lifetime of mental suffering and how much in compensation?? Zero.....
scrumpyjack
says...
12:24am Thu 10 Jan 13
grumpyolddear wrote:1. It happened 14 years ago so what have the current cuts got to do with it?
Working closely with the NHS and seeing how the government cut backs affect those on the ground who with the best will in the world are: trying to do a good job, expected to provide a better service for an ever increasing case load, with less time and fewer resources, it does not surprise me in the least that mistakes and errors of judgement occur. Two members of my immediate family have suffered because of avoidable medical negligence, not to mention the knock on effect on all of the other family members. The only way to stop this is to push them into having an inquiry - and how do we achieve that? See the headline. Well done Claire, let's hope you and your family will enjoy a lot less stress now the fighting is over. That is the fight to win your case and the constant fighting for the services your son should receive without your having to pressurise the other cash strapped government departments.
2. TWO members in the same family suffered from 'medical negligence'? Hmmm.
a.g.o.g.
says...
10:37am Thu 10 Jan 13
kingstonpaul
says...
12:50pm Thu 10 Jan 13
We should demand to see how much the health trust paid to the cabale of advisers, solicitors, as well as assorted mandarins and grandees involved in the shameful defence of this claim.
At a guess, a further £2million over 14 years?
andyrwebman
says...
7:41pm Thu 10 Jan 13
afcb-mark wrote:afcb-mark wrote "I for one don't care where this money comes from"
MPK83i wrote:I for one don't care where this money comes from. This young lads prospects and future as it might have been has been taken away from him and his family due to negligence and he deserves every penny to make his difficult life as comfortable as possible. They must have struggled over the past 14 years with battered out heavy wheelchairs and the rest of the equipment/care he required. Now he can have the best whenever he needs it. Good luck to him, he deserves it.
I think it's great that it has been solved and hope the money goes some way to help the whole family deal and mve on. BUT, 7 million of whos money? Where is that being taken from,who will now lose out because of that money?
It will come from the money needed to treat patients and keep wards open.
It will mean longer waiting times, cancelled operations, shortages of nurses, patients left to suffer because nurses are too busy.
It will come in the form of cancer patients denied drugs that will keep them alive.
For all the boy's problems, in all likelyhood the net increase in suffering will be huge - and those who suffer will be people who did nothing to cause the original mistake.
Are you sure you don't care where the money comes from?
andyrwebman
says...
7:45pm Thu 10 Jan 13
BIGTONE wrote:The thing is, insurers always charge more from the NHS overall than they pay out. If it wasn't a net loss from the NHS they wouldn't make a profit.
scrumpyjack says...
3:06pm Wed 9 Jan 13
As alreay posted, they insure against this. Worst case scenario the cost of their indemnity insurance goes up..
Might not be the case.
The insurers may not pay some or all depending on the depth of any negligence on the part of the hospital.
It's not like car insurance where lots of people pay separately - the NHS has to foot the bill and always makes a loss. From what hear, they underwrite it themselves because to insure it would be even more expensive.
grumpyolddear
says...
8:45pm Thu 10 Jan 13
scrumpyjack wrote:True, one is disabled and the other is mercifully deceased after suffering needless pain inflicted by a nurse.
grumpyolddear wrote:1. It happened 14 years ago so what have the current cuts got to do with it?
Working closely with the NHS and seeing how the government cut backs affect those on the ground who with the best will in the world are: trying to do a good job, expected to provide a better service for an ever increasing case load, with less time and fewer resources, it does not surprise me in the least that mistakes and errors of judgement occur. Two members of my immediate family have suffered because of avoidable medical negligence, not to mention the knock on effect on all of the other family members. The only way to stop this is to push them into having an inquiry - and how do we achieve that? See the headline. Well done Claire, let's hope you and your family will enjoy a lot less stress now the fighting is over. That is the fight to win your case and the constant fighting for the services your son should receive without your having to pressurise the other cash strapped government departments.
2. TWO members in the same family suffered from 'medical negligence'? Hmmm.
More money should be invested in staffing and trianing to avoid these cases.
Had the Trust admitted liability earlier, I'm sure the costs of this case would have been much lower, not to mention the unnecessary stress for this family
gileto
says...
9:49am Fri 11 Jan 13
s-pb2 wrote:thanks s-pb2, I can't stand Facebook so I don't use it.
gileto wrote: Fantastic that the rest of this lad's life will be made easier. 14 years is indeed a complete joke. £7m does sound an awful lot and apart from the high costs needed for the rest of his life, there is a very large compensation element here. To put it into context, those UK parents who fight against their children being taken away and adopted and where it's subsequently found and agreed that this should never have happened due to officials negligence do not get their children back, have a lifetime of mental suffering and how much in compensation?? Zero.....Where is it found and agreed? Facebook? What utter nonsense
Life's lessons have taught me it's infinitely more credible to pass comment on something that the writer knows DOES happen than comment on something that you would like to believe doesn't/shouldn't.
Your own eyes don't lie.
Some social services practices would not be believed or tolerated if properly opened up for scrutiny/made public. As this article highlights, an underfunded NHS is fully held to account - so surely those professionals entrusted with child protection should be too??
For those interested (http://www.publicat
ions.parliament.uk/p
a/cm201213/cmselect/
cmeduc/137/137vw01.h
tm) comments made here and ALL evidence collated should NOT be ignored if the lessons of Baby P are to be forgotten and Social Services (underpaid and overworked, inevitably) credibility restored.
gileto
says...
12:19pm Fri 11 Jan 13
Brightside2012
says...
3:31pm Fri 11 Jan 13
Wouldn't you give him £35 quid???
For sure the money gets spent on research and support teams in the NHS and across the world for the lifetime no just of him but also of patients like him..
For sure his body is growing and his brain is regrowing too.. every cell in 7 years will have replenished itself...
People who have been saved from the hospital incineration department after being strangled by their umbilical cord have gone on to be top try scorers and musicians and competed for places at oxford..
Stephen Hawkins has gone on to publish metaphysics books from the wheel chair and Lewis Hamiltons brother reported has driven in motorsport with cerebral palsy...
For sure he like you enjoys his food and the architecture the weather and the sunsets.. and for sure he likes to watch TV and look on google maps and explore the world as much as possible..
and dream of the possibilities of life like you do...
People find it intellectually interesting to save lives and restore capabilities and support people who want to have a go at doing interesting things... and they get the money rather than people motivated by marxist darwinism and lack of collective accounting abilities!!!
spooki
says...
9:00pm Sat 12 Jan 13
Hessenford wrote:Exactly the problem! We need a DECENT maternity unit, not to close the one we almost have. It's obvious we need it, when I went to Poole they were so busy I had to wait 10 hours to be induced as they didn't have any spare rooms. Some women were being sent to Southampton to get decent emergency maternity care. It's not right. Some situations need to be dealt with ASAP by the right medical staff as this story proves.
spooki wrote:Careful what you wish for, it seems that the maternity unit is doomed for closure because of the merger with Poole.
Why do they have a 'maternity unit' in Bournemouth Hospital when they are so limited in what they're allowed to do there? By that I don't mean close the unit we have but make it into a PROPER maternity unit, where women can have epidurals, caesarians and whatever they need. Yes the birthing rooms are lovely to look round but when your waters break with merconium in them (I live a mile from Bmth Hospital), you don't want to be told you now have to go to Poole hosp in an ambulance as "we don't have the emergency facilities here". Best wishes and good luck for this family, and what a lovely smiling face Charlie has. It's just a shame she's had to fight for so long.
scrumpyjack
says...
11:28pm Sun 13 Jan 13
andyrwebman wrote:Please substantiate this statement.
afcb-mark wrote:afcb-mark wrote "I for one don't care where this money comes from"
MPK83i wrote:I for one don't care where this money comes from. This young lads prospects and future as it might have been has been taken away from him and his family due to negligence and he deserves every penny to make his difficult life as comfortable as possible. They must have struggled over the past 14 years with battered out heavy wheelchairs and the rest of the equipment/care he required. Now he can have the best whenever he needs it. Good luck to him, he deserves it.
I think it's great that it has been solved and hope the money goes some way to help the whole family deal and mve on. BUT, 7 million of whos money? Where is that being taken from,who will now lose out because of that money?
It will come from the money needed to treat patients and keep wards open.
It will mean longer waiting times, cancelled operations, shortages of nurses, patients left to suffer because nurses are too busy.
It will come in the form of cancer patients denied drugs that will keep them alive.
For all the boy's problems, in all likelyhood the net increase in suffering will be huge - and those who suffer will be people who did nothing to cause the original mistake.
Are you sure you don't care where the money comes from?
joyceb
says...
5:46pm Tue 15 Jan 13
oneshortleg says...
9:34am Wed 9 Jan 13