Midwife sues her former bosses

Jun 7 2008 by Paul James, The Journal

A MIDWIFE whose son was left with cerebral palsy after her colleagues made mistakes during his birth has won a legal battle against her former bosses.

Sarah Collier’s second child Joel was born in January 2002 at the unit in Gateshead’s Queen Elizabeth Hospital where she had previously worked.

But mistakes made by staff left Joel severely disabled and in need of round-the-clock care at home in Burnopfield, County Durham.

Six years on from his birth, the family have received an apology and an admission of liability from hospital chiefs, paving the way for their lawyers to secure long-term compensation for his care.

Last night, the family told of the difficult decision to take legal steps against Mrs Collier’s former colleagues, but said the lack of suitable support from social services had forced their hand.

Mrs Collier, 38, worked at Newcastle’s RVI as a nurse for 10 years until 1996, before moving to the Queen Elizabeth Hospital to train as a midwife, where she spent three years.

Daughter Olivia was born at the hospital in 1998, and she left to be a full-time mother in 1999.

She had enjoyed a trouble-free pregnancy with Joel, but there were complications when he was born on January 27, 2002.

Joel’s heart rate dropped significantly during birth and he eventually had to be delivered using forceps. He had to be resuscitated after birth and tests later showed that he had been asphyxiated. The family blame two periods of foetal distress, of 28 minutes and 41 minutes, that could have been avoided.

Joel’s father, Nigel, an IT manager at Newcastle University’s careers service, said they had always strongly suspected that the complications during birth were the reason for his son’s condition.

Mr Collier, 38, said: “Sarah was a midwife and knew the staff at the hospital very well.

“We were not looking for someone to blame, but establishing what circumstances were responsible for what happened to Joel has become increasingly important to us. We were not in favour of pursuing compensation initially, but found the levels of care provided by the state were simply not adequate or were inaccessible.”

Last night, the family’s solicitor at Irwin Mitchell said more competent care would have meant Joel would have been born undamaged. “You can understand the Colliers’ reluctance to get involved with a legal battle that would involve Sarah’s former employers and colleagues,” she said.

“However, they had to put the well-being and care of both their children first. Joel has complex and extensive care needs, the expense of which is very significant.”

In a statement, Gateshead Health NHS Foundation Trust said: “The trust has admitted its responsibility for Joel’s condition and has expressed its regret to his family. As this case remains the subject of litigation, and due to our patient confidentiality policy, we cannot comment further at present.”