Birth Injury Solicitor Welcomes Hospital Pledge to Learn from Mistakes after Boy is left with Permanent Injuries
01/04/2010
Erbs Palsey
The family of a Pembrokeshire boy have finally received a formal apology after waiting for almost five years for an explanation of why their son was left with severe injuries after he was born; the result of errors made in his delivery by midwives.
However, a birth injury solicitor from specialist law firm Irwin Mitchell has highlighted the fact that the case of Matthew Griffiths is not an isolated one and has welcomed the hospital’s pledge to improve procedures and retrain their staff to prevent mistakes from happening again.
Matthew Griffiths, who is now 4 and a half years old, has been left suffering from Erbs Palsy on his left side, a condition that affects the nerves in his arm and which is commonly caused by a traumatic birth and injury to the brachial plexus. Mistakes in both his delivery and before his birth have also left Matthew with a severely deformed upper limb and a permanent disability in his left arm.
Matthew's mum Diane experienced some problems during her pregnancy, including developing gestational diabetes. Unfortunately, her diabetes was mismanaged and as a result of this, Matthew was 10lbs 1oz when he was born at Withybush General Hospital, Haverfordwest in June 2005. During Matthew's birth midwives failed to follow the correct procedures to deliver Matthew safely, after his shoulder became impacted behind his mother's pelvis once his head had already been delivered.
Liability for Matthew's injuries was admitted by the Hywel Dda NHS Local Health Board and now his family is pursuing a medical negligence claim which is expected to result in a six figure compensation payout.
The family was represented by Cathie Delaney, a medical negligence solicitor with Irwin Mitchell solicitors, said: "The fact that both Diane and Matthew received sub-standard midwifery care is serious cause for concern.
"Even after Diane's diabetes went undetected, resulting in baby Matthew being larger than normal at birth, there are universally accepted guidelines and procedures for dealing with a baby whose shoulders become stuck during delivery. Sadly, the midwives failed to follow these procedures, which have been common obstetric practice since the mid to late 1990s, resulting in Matthew sustaining permanent nerve damage to his left shoulder.
"He has since had to undergo surgery to correct some of the deformities in his upper limb in an attempt to improve his range of movement. It is likely that he will need further surgery but it is quite clear that there will be considerable limitations placed upon him. His injury is permanent and this will affect his ability to perform many of his daily living activities and to participate in leisure pursuits. As he grows older his choice of career will also be affected because of the physical limitations he has."
Matthew's Mum, Diane, explained: "Matthew has severe disabilities. His Erb’s Palsy limits him in so many ways and he gets very frustrated that he cannot do all the things that other little boys of his age are able to do.
"Last year we bought Matt a bike, which he has since been trying to learn how to ride with the help of stabilisers. However, the braking system needs to be adapted for his safety because he has insufficient length and strength in his left arm to apply the brakes.
"In Summer, when we go to the park, Matt has a real struggle with the swings and slides because he cannot hold on to the chain on the swing and finds the ladders on the slides a real struggle."
"Even little things like drinking a cup of tea cause him problems. Because he can't use his one arm he has to use both arms to balance the cup or he ends up tipping it to one side."
"Dressing and undressing is a thing we take for granted but for Matt it is a real challenge. He has difficulties with buttons and putting on his socks. He wears jogger pants instead of trousers because he cannot fasten the buttons on the latter, and he prefers loose baggy tops because they are easier to put on and take off. He has enormous difficulty when changing his clothes for PE at school."
"However, despite the difficulties he faces, he does try to live life to the full. Matt has just started Gymnastics for the disabled. He absolutely loves it and, who knows, my determined little boy may be a Paralympian one day!"
Cathie Delaney added: "Diane and her husband Tudor Griffiths' decision to pursue legal action was taken not only to provide for the interests of their son, but also to gain answers as to how such an apparently fundamental midwifery error could have happened in an attempt to safeguard other families from suffering the same fate as their son. Safety for mother and baby should be in the forefront of every practitioners' mind when dealing with obstetric emergencies. The onus is on them to keep up-to-date with current practice."
"I have recently received another admission from the same Local Health Board in respect of another Erb's Palsy claim where the child has suffered a similar injury to Matt's. During the course of my career it has been my sad duty to prosecute around 150 cases throughout the UK where Erbs Palsy has resulted from basic obstetric and midwifery errors. I very much hope that the Hywel Dda NHS Local Health Board's pledge to retrain its midwives means that lessons have been learned at this particular hospital."
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