Right to Compensation Granted for Delayed Caesarean

 A boy who developed cerebral palsy as a result of a ten-minute delay in birth has been granted the right to full compensation by the High Court. Experts testified that Jac Richards would not have suffered injury and would have led a normal life had doctors carried out his delivery by Caesarean section just ten minutes earlier. Unfortunately, the delay has left Jac, now 10 years old, with brain damage caused by oxygen starvation.

 

In reaching its decision, the Court considered the delay that had occurred between doctors deciding to deliver the baby by emergency Caesarean section and the operation actually being carried out. The judge explained that at 1.10 pm doctors found that Jac was suffering distress in the womb and decided to deliver him. The operation was not carried out, however, until 2.05 pm.

 

The Court found no evidence that there were logistical constraints which could explain why the operation had been delayed so long. It was decided that, on the balance of probabilities, the doctors had been negligent in not delivering the baby within 45 minutes of the original decision to carry out an emergency Caesarean section.

 

Swansea NHS Trust has denied liability for the injuries. Unless a settlement is agreed between the Trust and Jac’s family, the amount of the damages award will be decided at a future hearing.