Jilah is now 4. During her birth both she and her mother Leila were not properly monitored. In particular Jilah’s heart rate was not monitored and as a result an early C-section was not suggested. Jilah had a difficult birth and suffered brain damage as a result of oxygen deprivation.
During her birth the hospital was short staffed and a junior midwife had to take sole control for part of the birth without adequate supervision. Jilah has learning difficulties and physical impairments and needs full time care.
Her family have 3 other children who are all doing well at school .Her father is a doctor and her mother used to work as a lawyer.
Leila is now Jilah’s full time carer and cannot continue in her career as a lawyer. The family have had to move to a house modified for Jilah. Leila, in addition to suffering physical injury during the birth ,is depressed and anxious. Expert evidence suggests that earlier action during Jilah’s birth would have led to a 51% chance of a normal outcome.
Discuss the legal and ethical issues arising from this scenario.