Hospital’s gag attempt after baby paralysed
NHS trust tried to silence family with legal action after botched operation left boy seriously injured
AN NHS hospital effectively paralysed a baby for life and then tried to “gag” his family from speaking out.
Bosses at Leeds Teaching Hospitals NHS Trust threatened legal action unless the child’s father watered down his account of the event on the grounds it was “too emotional and too critical”.
A botched operation to deal with intestinal problems left the man’s twomonth-old son, who cannot be named, with catastrophic brain injuries, causing quadriplegic cerebral palsy, blindness and double incontinence.
Despite admitting negligence, lawyers for the NHS spent years wrangling over the damages to be paid, while trying to protect the trust’s reputation. The family were forced into poverty as the boy’s father had to give up work to help care for him. Last night, medical safety campaigners called the trust’s behaviour “incredible”.
The boy, who was diagnosed with a
Colour me amazed
bowel obstruction shortly after birth, was grievously injured in July 2014 when doctors accidentally tore a major vein while trying to insert a catheter.
They failed to notice for 22 minutes, causing haemorrhaging and a series of cardiac arrests, which gravely damaged the brain.
Also suffering from cystic fibrosis, the boy is now unable to control his limbs, lift his head or talk. He is not expected to live beyond his teens.
In a witness statement, the boy’s father wrote: “When we saw him around 10pm [after the procedure] he looked abused, like he had been in a serious road traffic accident.” He added: “Losing a son is the worst fate one can have. We feel the pain of the tragedy each day.”
However, when the statement was shared with Leeds Teaching Hospitals ahead of a compensation hearing in the High Court, the trust threatened to apply to have numerous parts redacted.
Paul McNeil, a partner at Fieldfisher solicitors who acted for the family, said: “They felt it was too emotional and too critical of the doctors involved in the care.
“The parents were obviously very upset by the actions of the hospital. It’s a bit odd that defendants would try to gag parents in those circumstances.”
At a hearing in June the judge, Sir Robert Francis QC, praised the father’s “moving” statement, as well as the parents’ care for their son.
He also criticised the trust for the breakdown in relations with the family, who still rely heavily on Leeds General Infirmary for the boy’s care.
He approved a £2,100,000 lump sum in compensation, plus periodical payments of between £170,000 and £275,000 a year.
Peter Walsh, the chief executive of Action Against Medical Accidents, said: “It is very saddening to see lawyers acting for an NHS trust acting in such an inappropriate way in this day and age. It is incredible that anyone should try to silence a parent of a child who has been so seriously injured through negligence in this way.”
Dr Yvette Oade, Chief Medical Officer at Leeds Teaching Hospitals NHS Trust said: “This is an extremely sad case for which the trust has admitted liability and we continue to offer our unreserved apologies.
“We recognise that any amount of compensation cannot compensate for the impact that this tragic incident has had on the lives of the whole family.
“Our staff continue to provide all the necessary care and support to meet the needs of this patient and his family.”