After a 16 year campaign, the Supreme Court has ordered £5.25m compensation be paid to a woman whose son was severely brain damaged during birth.
Nadine Montgomery gave birth to her son, Sam, at Bellshill Maternity Hospital in October 1999.
She suffers from type 1 diabetes which is known to increase the risk of a larger than average baby. This can lead to complications such as shoulder dystocia.
However, Mrs Montgomery was not fully advised of the risks, nor was the alternative of an elective caesarean section discussed with her.
She proceeded with a vaginal delivery and her son’s head became stuck behind her pubic bone.
It took 12 minutes for the obstetric team to release the shoulder, during which time he was deprived of oxygen. As a result Sam was born with permanent and severe disabilities.
Mrs Montgomery said that had she been properly advised of the risks, she would have had a C-section and this would have ensured a safer delivery.
After a long legal battle, the Supreme Court has now ruled that Lanarkshire Health Board must pay Mrs Montgomery £5.25m compensation.
In their ruling, the judges said that had the consultant “advised Mrs Montgomery of the risks of shoulder dystocia and discussed with her dispassionately the potential consequences, and the alternative of an elective caesarean section, Mrs Montgomery would probably have elected to be delivered of her baby by caesarean section. It is not in dispute that the baby would then have been born unharmed.”
Afterwards, Mrs Montgomery said: “This judgment is an enormous relief after a very long legal fight.”
“I believe that I had the right to know of all the risks surrounding Sam’s birth – and I am pleased the Supreme Court had recognised that. I hope this means that other patients will not have to go through what I have gone through.”
“The decision will allow me to ensure Sam receives the best possible care for the rest of his life.”
Expert legal advice
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