Case Study: Successful Medical Negligence Claim Involving a Minor – Facial Injuries Sustained During Forceps Delivery

Solicitor: Liam McDonald
Firm: RP Crawford Solicitors Limited
Settlement: £100,000
Background
RP Crawford Solicitors Limited recently acted on behalf of a minor client in a medical negligence claim arising from facial injuries sustained during delivery by forceps at a local NHS Trust. The claim was handled by Liam McDonald, who specialises in complex clinical negligence and birth injury cases.
The case centred on allegations of substandard antenatal and perinatal care resulting in preventable injury to the newborn. As is standard in medical negligence litigation, we were required to demonstrate both breach of duty and causation
Expert Evidence
As part of our investigative process, RP Crawford Solicitors instructed a range of independent medical experts to assess both liability and quantum.
- Consultant Obstetrician and Gynaecologist (North West England): This expert was asked to determine whether the standard of care met professional expectations. The report identified a litany of breaches, including:
- Failure in antenatal testing and assessment;
- Incorrect plotting of the fetal position;
- Negligence in the application and use of forceps during delivery.
These findings firmly established liability on the part of the Trust.
- Consultant Plastic Surgeon: Provided expert evidence on the nature and extent of the facial injuries, prognosis, and potential for surgical or cosmetic correction.
- Consultant Clinical Psychologist (Cambridge, England): Produced a report detailing the psychological impact of the injury on the child, considering both self-image and social development.
- Consultant Plastic and Reconstructive Surgeon: Offered a further specialist opinion on long-term scarring, tissue damage, and future treatment options.
Outcome
Once liability was established, our focus turned to quantifying the damages. After extensive expert input and careful analysis of the evidence, we secured a six-figure settlement in the sum of £100,000 for our client.
The case faced significant procedural delay, but through persistence and strategic pressure—including the timely issue of court proceedings and service of all quantum reports— the RP Crawford team were able to bring about belated negotiations, resulting in a satisfactory settlement without the need for trial.
Investment of Compensation for a Minor
As this claim involved a minor, the settlement was subject to approval by the court. In accordance with standard procedure the damages have been invested in the Court Funds Office of the High Court.
Funds held in this way are securely managed on behalf of the child until they reach the age of 18, ensuring that the compensation is preserved and may accrue interest. The court retains discretion to approve interim withdrawals in the child’s best interests, for example, to fund necessary treatment or education support.
Commentary
This case exemplifies RP Crawford Solicitors’ commitment to achieving justice for injured minors and their families. Despite procedural obstacles, our team’s methodical approach—grounded in expert evidence and persistence—resulted in a just outcome.
As legal experts often note in leading clinical negligence commentary, effective case management and early expert involvement are crucial to success in complex medical negligence claims. This case stands as a testament to those principles in practice.