Mother of baby disabled by midwife to receive £725,000
A judge ruled the boy lost the use of his arm due to 'negligence' by the midwife.
A mother whose baby was left disabled by the actions of a midwife will receive £725,000 in damages.
The woman raised an action against Lanarkshire Acute Hospitals NHS Trust following the birth of her second child in 1999.
A judge ruled the boy lost the use of his arm due to "negligence" by the midwife, who used "excessive force" during his delivery at Law Hospital.
The mother was awarded £725,000, a decision which Lanarkshire Acute Hospitals NHS Trust appealed against.
The trust has now lost its appeal at the Court of Session.
The mother, who was herself a nurse, said the midwife had "yanked" the baby out after his shoulders became stuck.
Lawyers acting for the hospital denied responsibility and appealed the ruling on the grounds that Lord Ordinary had made a mistake by accepting the account given by the parents rather than that of the midwife.
Setting out the opinion of the Court of Session this week, Lord Malcolm said: "No persuasive criticism has been made of the decision to accept the parents' evidence as credible and reliable."