What is it about?

A baby’s mother and grandmother claimed damages for ‘nervous shock’ following the baby’s traumatic delivery; both women initially believed the baby to be dead. The article unpicks the various strands in this unusual case.

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Why is it important?

Complicated or traumatic births can have lasting consequences – most obviously for the baby when, as in this case there was severe hypoxia. However, the mother and grandmother both successfully claimed that they suffered post-traumatic stress following the birth. This case is particularly unusual because the mother successfully claimed that she was a ‘primary victim’, having been directly involved in the events in question, although not physically injured. The grandmother was held to be a ‘secondary victim’, a legal distinction that stems from the Hillsborough disaster case, when 96 football fans died.

Perspectives

While clinical staff may remember difficult births in detail, and may remain affected themselves for some time, if they don’t see or meet the family in the ensuing months and years, understandably they may not appreciate how significant and long-lasting the consequences can be for the family members.

Dr Andrew Symon
University of Dundee

Read the Original

This page is a summary of: Damages awarded for ‘nervous shock’ at a birth, British Journal of Midwifery, June 2017, Mark Allen Group,
DOI: 10.12968/bjom.2017.25.6.402.
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