Legal Professional Privilege cannot be defeated by the FRC’s interpretation of its disclosure regime
Bridget Hughes acted for the Claimant in this cerebral palsy claim which settled for a significant sum, including a lump sum with annual payments. The claim concerned delay in performing intubation and cardiac massage. The CTG trace evidenced deep late decelerations and episodes of accelerations. There were subsequent signs typical of intermittent cord occlusion, not withstanding a more normal baseline rate. The Claimant was born in the early 1980’s, but it was not until he was approaching adulthood that his parents decided to investigate the circumstances surrounding his birth. When identifying appropriate experts, consideration had therefore to be given to who would be best placed to report on the standard of care applicable at that time.
The Claimant is largely wheelchair bound, although he can walk shorter distances with a walker. He suffers from dysarthia and has some learning difficulties.
The claim settled at a round table meeting shortly before trial. A Professional Deputy has been appointed and it is intended that in the future the Claimant will live independently in his own home, but with support.
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