Hospital Obstetric Negligence Compensation Action Settled at Court

by | Apr 26, 2013

The family of a young girl, Alex Butler, who suffered brain damage at birth when a locum doctor was unable to recognise the need for a Caesarean section, have had their hospital obstetric negligence compensation action settled at the High Court.

Sonya Butler from Dunmore in Waterford was brought to Waterford Regional Hospital at Ardkeen in April 2005 after a normal pregnancy and was looking forward to delivering her first child. However, her consultant obstetrician – John Bermingham – and the hospital’s two other obstetric doctors on staff had all been allowed to take leave at the same time, and the hospital had called in a locum – Mahmud Khbuli – to cover for them in their absence.

However, Dr Khbuli failed to recognise the need for a Caesarean section to be performed during Sonya´s pre-operative assessment and, when Sonya´s daughter – Alex – was delivered, she had suffered an oxygen deficiency in the womb which lead to the young girl suffering brain damage and being born tetraplegic.

Through her mother (Sonia), Alex took a hospital obstetric negligence compensation action against the hospital, Dr Bermingham and Dr Khbuli; alleging that Waterford Regional Hospital was negligent by failing to have an adequate number of properly trained and competent medical staff to oversee her delivery, that Dr Bermingham should not have taken leave when the Butler family had opted for private treatment and that Sonya´s pre-operative assessment by Dr Khbuli was substandard.

At the High Court, the Health Service Executive (HSE) admitted that negligence was committed which should never have happened and an apology was read out to the family by a representative of Waterford Regional Hospital. The court heard that the action against Drs Bermingham and Khbuli had been dropped and compensation of €1.4 million had been agreed as an interim settlement of the family´s claim for hospital obstetric negligence.

The figure is to be reviewed in two years time, when Alex´s future care needs have been assessed and there may be the option of a structured settlement of hospital obstetric negligence compensation.

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