Parents angry that mistakes in reading danger signs meant their son was born brain damaged
Toby Hart is severely disabled as a result of being deprived of oxygen during his birth, after a midwife misinterpreted the CTG trace of his heartbeat. At the time his heart rate was highly abnormal but, for reasons which have never been explained to his parents, Michelle and Matthew, the midwife caring for her did not act upon them.
"There were warning signs from about an hour before Toby was born to show that he was in distress. The readings should have been ringing alarm bells for her but they didn't," says Michelle, who is a full-time carer for her son.
Relying on equipment is all very well, but the staff who operate it have to know what they are doing and be prepared to ask for a second opinion if they have any concerns at all, she believes.
The midwife's mistakes mean that Toby was not finally born until 20-25 minutes after he should have been, during which time his brain was starved of oxygen. "If she had correctly read the CTG traces and called for a senior medical opinion, they would have waited a few minutes to see if things improved and, if not, delivered Toby by forceps. I was in the second stage of labour, so a caesarean was not possible.
"If he had been born when he should, that would have prevented Toby's brain damage, which happened during those last 20-25 minutes and which was catastrophic."
Toby was born in October 2006 at Friarage hospital in Northallerton, north Yorkshire, near where the Harts live in a small village. South Tees Hospitals NHS trust, which runs the hospital, has admitted liability for Toby's cerebral palsy and made an initial payment of £700,000 in damages, although the likely settlement is likely to involve around £7m to reflect the 24-hour care and support that he needs.
Angela Kirtley, a solicitor for lawyers Irwin Mitchell, who helped the family to get the trust's admission of liability and interim £700,000 settlement, said: "Even though Toby's heart rate was highly abnormal, no doctor was called to assess Mrs Hart, who gave birth almost six hours after being admitted to hospital."
Michelle added: "Nothing can prepare you for something like this. It is hard enough bringing up a perfectly healthy baby, but having to face the prospect of caring for your child for the rest of your life is extremely daunting and distressing. The effect of Toby's birth has not only had a catastrophic effect on him but also on every aspect of family life. I feel very angry that this situation, which appears to have been totally avoidable, has robbed my son of a normal, independent life."