The mother of a baby that was left permanently disabled following birthing complications has been awarded £725,000 in compensation. The woman, who remains anonymous, claimed that Sister Rosemary Murphy at Law Hospital’s maternity unit failed to deliver her baby son properly in 1999. It was heard at Court of Sessions in Edinburgh earlier this year that Sister Murphy had delivered the baby in a way that caused him to suffered a severe shoulder injury.

It was heard that a student midwife had initially attempted to deliver the baby, yet when they were unsuccessful, Sister Murphy “took a step forward and pulled the baby out”. After the baby was born, he was diagnosed with a “severe brachial plexus injury” which left him with a permanent disability. Sister Murphy was blamed for the injury as a result of not following the correct procedures.

Enough evidence to prove Sister Murphy’s failings

Judge Lady Rae stated: “Sister Murphy failed to recognise an obstetric emergency […] she failed to summon help in accordance with the protocol in existence as at July 1999.” Despite the hospital denying liability for the incident, Lady Rae ruled that enough evidence was present to prove Sister Murphy’s failings.

It was agreed that the mother of the baby would be awarded £725,000 in compensation for the birthing trauma and the injury suffered by the baby, which will affect him for the rest of his life.

If you have been affected by medical negligence, and are looking to claim compensation, please contact us.