Legal Update

Baby Malnourishment Case Underlines Importance of Community Care

When newborn babies are discharged from hospital, the NHS is under a continuing duty to monitor them and ensure that they thrive at home. The case of a little boy who received inadequate nutrition in the first few days of his life showed the dire consequences that a breach of that obligation can have.

The boy was born in very good health but, after his discharge home, he became increasingly jaundiced, lethargic and reluctant to feed. His mother had difficulty breastfeeding him but her anxiety and expressions of concern were not picked up on by NHS personnel. He was not readmitted to hospital as he should have been and malnutrition ultimately resulted in him sustaining a severe brain injury.

After action was taken on his behalf, the NHS trust that bore responsibility for his care made a swift admission of liability. It recognised the failings in his post-natal monitoring in the community and, having learned lessons from the incident, it had taken concerted steps to prevent a recurrence.

Following negotiations, a final settlement of the boy's clinical negligence claim was agreed whereby he will receive a £4.25 million lump sum, together with annual, six-figure, index-linked payments to cover the costs of his care for life. Approving the settlement, the High Court thanked his parents, on behalf of society at large, for their unstinting commitment to his care.

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