Baby dropped on delivery

[armanimick]

My nephew's wife recently delivered beautiful baby boy and the midwife was not at the end of the bed to catch the baby so it dropped on the floor... One of the other doctors in the room called out "will someone pick that baby up off the floor) My nephew has compliained to PALS to no avail and asked a no win no fee agency to take on his case. - they are not interested as no aparent damage. His goal is to get an apology buy also the assurances that their is no brain damage by regular brain scans... He has asked for the baby records and it says its his wife's fault ( she was supposedly not pushing correcttl) !! Can any one help... Please, we don't need sorry's just solid advice with baby's interest at heart. on how to fight these guys with the view to baby getting long term assessments as brain damage may not come on till school days

Thanks for your advice

[factor-fiction]

Mmm, eems a strange incident. It sounds as if the baby just squirted out. In my experience they took ages to fully emerge.
You can sue yourself if you really think it's worth it but there is no rush - you can wait up to 3 years before issuing court proceedings so you could wait and see what happens over the next couple of years.
Just keep pressing for regular check ups. You can always pay for an independent private check.
But I think babies are very resilient.

[Pigletion]

You need real legal representation who are working for your interests (obviously they'll still be lining their pockets..). Solicitors cost money, but they will be better than no win, no fee, as you need something put in place to ensure long term care/scans not just a cash payout.

[annie0000]

I can't really see what you are trying to gain here - if they are worried that there is something wrong with their child, then they need to take him to the doctors. It sounds to me more that you are trying to gain financially, not out of concern for the babies welfare. They need to relax and enjoy their baby, I am sure it is not the first or last to be dropped, babies are enormously resiliant. You would also have an impossible task trying to prove that any damage that appaeared at a later date was the result of that fall - how would you prove that he hasn't been dropped since, or that his parents have ensured that he has been adequately stimulated?

My advise would be to put it behind them and get on with life. All this is doing is souring the pleasure they should be feeling about their beautiful boy.

[Barmaid]

The difficulty I see is that at present there is no damage and therefore no loss - this is why a no win no fee solicitor will not take it on (and actually, there is nothing wrong with no win no fee type arrangements per se, they work well in the right circumstances).

The only thing I can suggest is that you employ the services of a clinical negligence specialist who may be able to assist further.

Should brain damage develop in the future, a negligence action has more chance of success, (and limitation will not start to run until the damage becomes apparent).

[bednobs]

PALS is not a complaints service, thats why there was no success. He needs to use the nhs complaints system. Is it within 6 months of the incident occurring? if it has gone beyond that then he can't

[drlneil]

The real crux in this issue is whether there was any apparent damage to the baby following the fall on the floor;
if the baby yelled immediately and was not KOd, it would be very difficult to prove that damage occurred as the lawyers would simply argue that the fall had nothing to do with the baby's subsequent condition, whatever it turns out to be.
You really need eye witness accounts of the state of the baby both before and after the fall.
My guess would be that the baby suffered no damage as a result of the fall.
However, you do deserve an apology and some assurance from the hospital authorities that they have taken steps to avoid such a thing happening again.
if they fail to respond to your reasonable request for an apology and explanation, copy your correspondence to your MP, local councillor and health board chairman, stating that you will expect a response or you will take the matter further. LN

[stelouclo]

i can see why you want to persue this matter with reguards to an apology - so they admit their mistake.
It is rediculous that the mother should be blamed.
My baby was dropped accidently at 6 weeeks old, she was taken to a doctor who basically prodded her and said she was "fine". a few months later a so called friend of our looked after our baby and we noticed she had a suspicious lump.
After taking our baby to the hospital we discovered she had a fractured skull - dated at the time she was in our friends care, but more than that our baby had aparently (i say apparently because we have never been allowed to see the xrays)several fractured ribs - originally dated at the time she was dropped.
Even though we had doc records and proof she wasnt in our care at the original timings for the skull fracture, our baby was put into care as social services and family courts said "it is very unlucky for a child to have two seperate accidents" and as we her parents had care of her more than anybody else (what parent wouldn't) by law of probability it must have been us and they believe it is certainly abuse based on he fact she had two seperate injuries "95% abuse 5% other" the doctor quoted to us- ignoring the 5% possibility of innocence which is the case with us.
We have been trying for years to prove our innocence and they are now planning to take my unborn baby at birth based soley on the "evidence" (lack of) from our first baby.
So do not give up because if we had insisted that the doctor do an xray when she was dropped we might not be in this position now because they would be more willing to listen to us. The reason they believe we have hurt our baby is because it was two seperate injuries.
DONT LET IT HAPPEN TO YOU- WE ARE INNOCENT AND OUR BABY IS PAYING THE PRICE!!

[nicola2010]

my baby sufferd a frature could they take my unborn baby that im pregnant with now off me

[nicola2010]

my baby sufferd a fracture at 10days old hes now 10months and is in care could they take my unborn baby that im pregnant with now off me