20 Years After Her Son’s Birth, Scottish Woman Wins Birth Injury Suit

By Thomas Greer | November 16, 2013

Back in August of 1993, Helen Coyle was admitted to Bellshill Maternity Hospital in Scotland.  Her pregnancy thus far had proceeded normally and without complications.  Coyle’s son, Ryan, was born two days after her hospital admission.  When she was first admitted to Bellshill, Coyle was given medication to stimulate contractions and the fetal heart rate was monitored.  At 11:00 p.m. on the second day, the fetal heart rate indicated distress.  Had the midwifery staff acted at this time with ordinary skill and care, they should have called for medical help.  Ryan would not have suffered an injury if born before 11:15 p.m.  Instead, the staff did not seek help timely and Ryan was born at 11:47 p.m.  He was resuscitated with suction and oxygen.

The judge found that a breach of duty occurred at 11:00 p.m., at which time the midwives left in charge of caring for Helen Coyle failed to react appropriately to the deceleration of heat beats.  At this time, medical assistance was urgently necessary and Ms. Coyle did not receive it.  The judge further found a causal connection between the breach of duty of care and the injuries sustained by Ryan.  Ryan suffers from severe cerebral palsy and will require a lifetime of care.

Though it took 20 years for Helen Coyle to hear a judge agree with her long held belief that the midwives at the Bellshill Hospital acted negligently, causing her son’s severe birth injuries, the wait was well worth the outcome.  Ms. Coyle and her son finally experienced justice and Ms. Coyle will receive the funds for Ryan’s many medical expenses that she so desperately deserves.

Although this case occurred in far away Scotland, it bears much relevance to birth injuries in Tennessee as well.  The following are some important tips to take away from the Coyle case:

  1. Doctor’s are not the only parties that can act negligently—as in the Coyle case, midwives as well as nurses can be found to have acted negligently, causing your child’s birth injuries.  The popularity of midwives has grown in recent years, and it is important for all perspective parents to know the limitations of a midwife and their responsibilities in the event of birth complications.
  2. Medical malpractice can arise from a failure to recognize fetal distress—medical malpractice is not limited to negligent actions taken by the doctors or hospital staff; it can also arise from a failure to act.  The situation in the Coyle case, in which hospital staff failed to recognize the fetus was in distress in a timely manner, is an all too common occurrence in hospitals across Tennessee.  Failing to recognize fetal distress can lead to delayed c-sections, which can cause serious conditions like brain bleeds and cerebral palsy.
  3. Birth injuries can have long-term consequences—for children like Ryan, birth injuries that can occur in just a few moments of negligence on the part of the hospital or staff, can lead to a lifetime of medical problems.  Conditions like cerebral palsy cannot be cured and will not generally diminish overtime.  Due to the potential for long-term health consequences, it is imperative you consult with a birth injury attorney as soon as possible after your birth.  Medical costs due to birth injuries can become astronomical.  You need someone fighting for your recovery.

At Bailey & Greer, PLLC, we have provided compassionate, caring representation to countless parents of birth injured children.  We are a team of highly skilled Tennessee birth injury attorneys with the knowhow and dedication to fight for your full recovery.  You can reach us at 901-680-9777, and our first consultation is always free.

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