A mum who claimed her son sustained “severe” injuries because of “negligence” on the part of Aberdeen Maternity Hospital staff has failed to prove her legal case.
The woman, who has been named only as SD, took NHS Grampian to the Court of Session alleging that her child was left severely disabled because of the actions of medics.
Judge Lady Wise heard how the infant – who was identified as LD- was born in August 2008 at Aberdeen Maternity Hospital.
The court heard how the child suffered “acute asphyxia” as a result of his umbilical cord becoming compressed as his mother gave birth.
As a consequence of the incident, the court heard how LD was left “severely disabled” and now needs round-the-clock care as he had cerebral palsy.
Mum praised by judge
Lawyers for SD launched legal proceedings. They wanted an undisclosed sum in compensation alleging that midwives and a doctor failed to follow correct medical procedures at the time SD was giving birth.
In a judgement published at the court on Wednesday, Lady Wise rejected the arguments made by SD’s lawyers.
She said the evidence showed that medical staff at the hospital acted correctly.
Lady Wise wrote: “In light of the decision I have reached that no breaches of duty occurred in this case, I will pronounce decree of absolvitor.”
The judge also paid tribute to LD’s mum.
He wrote: “Accordingly, some evidence was led about LD’s current condition from the pursuer including a video which gives some insight into his skills and needs. The pursuer and her now husband have three children who live in family with LD.
“It was apparent from the video evidence that LD receives an excellent standard of love and care from those around him, particularly the pursuer.
“I found the pursuer to be an honest witness and an impressive individual.”
A spokeswoman for NHS Grampian said: “We note the decision of the court but have no further comment.”
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