Case study: Clinical negligence claim following delayed delivery

16th Jul 2025

Author: Butcher & Barlow

What happened

In 2006, Joshua Brown was born following a pregnancy that had progressed without complication until the later stages. Concerns arose when his mother noticed a reduction in foetal movements, a sign that typically warrants immediate medical attention. Despite this, there was a delay in delivery, and Joshua suffered a hypoxic event at birth, leading to a diagnosis of cerebral palsy and quadriplegia.

Joshua’s parents first approached Butcher & Barlow within the first two years of his life, seeking legal advice regarding the care he received during birth. However, in clinical negligence cases of this nature, where complex and lifelong needs are involved, it is often too early to determine the full extent of the child’s injuries and prognosis. In Joshua’s case, his long-term needs were not immediately clear, and it was appropriate to delay any substantive legal action until a more comprehensive understanding could be formed. This approach ensures that any eventual settlement properly reflects the individual’s lifelong requirements.

Over the next decade, the case progressed steadily but necessarily with caution, in order to gather the detailed evidence required. Butcher & Barlow coordinated an extensive assessment process, calling upon a wide range of leading experts to build a complete and accurate picture of Joshua’s condition, needs, and future care requirements. This included specialists in obstetrics, paediatrics, neurology, physiotherapy, assistive technology and specialist care provision.

Each expert played a vital role in helping to assess the circumstances of Joshua’s birth, the likely avoidability of his injuries, and the extent to which those injuries would affect him throughout his life. The assessment of Joshua’s needs also required specialist input on adapted housing, transport, and future therapy provision, to ensure the claim could provide for the right care, equipment and support across his lifetime.

This careful and considered process was not only essential to establishing liability and causation, but also crucial in ensuring that the damages secured would provide Joshua and his family with the support they need now and in the future.

The impact

During this time, Joshua’s family received limited external support. The local authority funded some adaptations to their home and allowed for Joshua’s mother to become his full-time carer. However, the day-to-day burden of care remained overwhelmingly with the family. The physical, emotional, and financial impact of providing full-time care was significant. A substantial part of the claim reflected this, including compensation for past gratuitous care – the unpaid support provided by family members over many years. Given the extent of Joshua’s needs and the lifelong care and specialist support required, the value of the claim was substantial, ultimately running into the millions.

What we did

The legal proceedings were complex. The hospital trust initially denied any wrongdoing, disputing both the standard of care and the allegation that any actions or omissions on their part had caused Joshua’s injuries. As a result, the claim was divided into two stages: liability and prognosis.

Before the liability trial was due to take place, the parties reached a negotiated settlement. The trust agreed to accept 85% responsibility for Joshua’s injuries, to reflect the litigation risk in proceeding to a contested trial, which ensured that the family would still receive a significant settlement package without the risk of the court potentially finding in the trust’s favour and the family not receiving anything. This agreement was the result of detailed risk assessment and careful client guidance. The decision to accept the offer rested with Joshua’s family, who were fully informed of the strengths and limitations of the case, as well as the practical implications of proceeding to trial.

The resolution

This outcome provided the family with financial security and access to the support Joshua will require throughout his life. At Butcher & Barlow, we remained committed throughout the process to ensuring the family felt supported, informed, and confident in the decisions they were making.

This case illustrates the long-term nature of complex clinical negligence claims and the importance of careful, compassionate legal support throughout.

If you have concerns about the medical care you or a loved one received, our Clinical Negligence Team is here to help. We offer straightforward advice, delivered with empathy and honesty, so you can make informed decisions about your next steps.