The claim arose from the treatment provided to Max during the first year of his life by the Health Visitor Team at his local NHS Primary Care Trust. At 3 months Max’s mother, raised concerns with her Health Visitor that her son had a flattened area on his skull. The Health Visitor told Max’s mother that her son would be referred to a Plagiocephaly Clinic, but due to various administrative and communication problems the referral did not occur at that point. In addition, Max’s mother was not given any information with regards repositioning techniques in order to prevent any further deterioration in her son’s condition whilst she awaited the referral, despite several subsequent visits to the Child Health Clinic. Due to the aforementioned administrative problems, Max was not seen by a specialist at the Plagiocephaly Clinic until he was 10 months old, by which time his fontanelles had fused. His mother was told that no further treatment could be provided by the NHS, but was advised he may benefit from orthotic treatment, so she paid for him to be seen privately at the London Orthotic Consultancy Clinic. He then underwent cranial remoulding treatment by way of an orthotic helmet, and was required to wear it for 23 hours per day. Although the treatment achieved some degree of correction, the outcome would have been much improved had Max been referred at the appropriate stage.
This case was particularly difficult due to the comparative rarity of the condition giving rise to litigation, and although the Defendant made a limited admission in respect of breach of duty in failing to refer Max promptly, they denied failing to provide repositioning advise, and in any event denied liability overall on the basis of causation. Our Accredited Clinical Negligence Lawyer obtained supportive evidence from a Health Visitor expert, orthotic expert and an informal view on Condition & Prognosis from a paediatrician.
Our lawyer negotiated settlement with the Defendant in the sum of £13,750.