Mother awarded substantial medical negligence sum

A mother has been awarded a five-figure settlement after a hospital admitted failures during the birth of her son caused his current disabilities.

The boy, who is now five years old and cannot be named for legal reasons, was born at Bedford Hospital with spina bifida. But, while his mother underwent antenatal scans at the hospital, they failed to pick up on the condition, leaving him untreated.

At the High Court, the hospital's legal team conceded that scans should have discovered the presence of spina bifida and that the mother should have been made aware of the condition, allowing her the opportunity to decide whether to have a termination or to continue with the pregnancy.

The mother is making a claim against the NHS Trust to cover the costs of the extensive care that her son needs. The trust has admitted liability, and offered an interim payment of £515,000 to the family while the full settlement amount is decided.

The money will be used to find a new home that meets the boy's specific needs.

A judge will decide the full amount of damages due if an agreement cannot be reached between the two parties. The NHS legal team told the court that there were still serious issues to resolve, and the case is not expected to reach settlement until at least 2012.