Mum whose baby was brain damaged during his birth is in line for 5million from NHS after 16 year legal battle

A MUM whose baby suffered brain damage during birth is in line for a 5million payout following a 16-year legal battle.

Nadine Montgomery claimed she was not warned of all of the risks connected to her diabetes when she gave birth to son Sam in Bellshill Maternity Hospital, Lanarkshire, in October 1999.

She launched legal action after Sams shoulder got stuck during birth and he had to be resuscitated. His brain was deprived of oxygen, leading to cerebral palsy - a lifelong condition that affects movement and co-ordination.

Nadine, 40, previously lost her case in the Court of Session in Edinburgh and saw her appeal thrown out. But a landmark ruling from the highest court in the UK yesterday found the mum is entitled to a 5.25million settlement from Lanarkshire Health Board.

The mum said the Supreme Court ruling means Sam can have the best care for his condition.

She said: This judgment is an enormous relief after a very long legal fight.

I believe that I had the right to know of all the risks surrounding Sams birth and I am pleased the Supreme Court has recognised that. I hope this means that other patients will not have to go through what I have gone through.

The decision will allow me to ensure Sam receives the best possible care for the rest of his life.

The case hinged on whether, alleged Dr Dina McLellan, the obstetrician in charge of her, gave enough advice to Nadine on whether her Type 1 diabetes and 5ft frame could pose serious risks when giving birth to Sam naturally.

Nadine, a molecular biologist from Cumbernauld, expressed concerns during her labour as research has shown that diabetic mothers can give birth to larger than average babies, putting them at risk of complications.

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Mum whose baby was brain damaged during his birth is in line for 5million from NHS after 16 year legal battle