Negligent Foetal Examination Compensation Approved in Court

An eleven-year-old girl, who suffered catastrophic injuries due to avoidable errors made prior to her delivery, has had a settlement of compensation for negligent foetal examination approved at London´s High Court.

Milly Evans from Cranwell in Lincolnshire was born at the Lincoln County Hospital on 1st March 2001, but shortly after her birth suffered a seizure which led to her developing cerebral palsy. Her injury was of such severity that Milly is now confined to a wheelchair, requires 24 hour care and communicates with a sophisticated eye-gaze equipment.

The seizure was attributed to negligent observation shortly before the birth which, if the baby’s heart had been properly monitored, would have shown that the foetus was distressed and Milly´s birth would have been brought forward – avoiding her catastrophic injuries.

Although United Lincolnshire Hospital NHS Trust admitted liability for Milly´s injuries, the amount of compensation for negligent foetal examination was contested and, due to the delay, Milly´s father – Andy Evans – had to give up his job as a Red Arrows pilot.

Sir Robert Nelson at the High Court heard that an agreement had now been reached on a compensation for negligent foetal examination package which consisted of a lump sum payment of 5.86 million pounds and lifelong annual periodic payments increasing over time to 204,000 pounds per year.

Speaking after Sir Robert Nelson had approved the final settlement, the Evans family said that the money would be used to construct a specially adapted home which would be big enough for Milly to have access to all the rooms and include a hydrotherapy pool.