A hospital trust has admitted more could have been done to stop an 11-year-old boy from suffering brain damage when he was born.
Daniel Spencer, of Malvern, Worcestershire, was left with severe cerebral palsy after he was starved of oxygen at birth.
Worcestershire Acute Hospitals NHS Trust accepted majority responsibility for Daniel’s injuries at a settlement hearing at the High Court in Birmingham yesterday.
The youngster is wheelchair-bound and is in need of 24-hour care after midwives at Worcestershire Royal Hospital were slow to respond when mum Susan began bleeding.
Susan, 39, and Olly, who have three other children 17-month-old Harry, Charlotte, aged five and Emily, aged nine, instructed Birmingham-based lawyers Irwin Mitchell to act on their behalf.
Olly, 44, who works as a garden centre manager, said: “When Susan was in labour and began bleeding I went straight to the midwives and asked them to help but 10 minutes must have passed before someone came to examine her. Even then there was no sense of urgency but we were completely in their hands and helpless.
“When we were told about Dan’s brain damage it was hard not to feel very angry, but we focused all our efforts on providing for him and trying to give him the best quality of life possible.
“He attends a specialist school and can move around in an electric wheelchair, but he will always need 24 hour care and it is hard not knowing what the future will hold.
“Despite his brain injury Dan is an absolute joy to be around and his brother and sisters dote on him. He continues to amaze us every day with his positive personality and we’re so proud of everything he has achieved.
“Today feels like a new beginning for him and gives us peace of mind that no matter what happens in the future, he will always have access to the best possible care and support. We can concentrate on being a family of six together and try and make life as fun as possible for all the children.
“We just hope the Trust have improved maternity services and learnt from what went wrong in the hope of preventing any other family from going through what we have.”
Sara Burns who represented the family said the judgment is another step forward in securing a care-package for Daniel which will guarantee his future rehabilitation and 24-hour care needs are met.
A Worcestershire Acute Hospitals NHS Trust spokesman said: “The Trust accepts the ruling of the court and is pleased that Daniel’s future is now secure.”