Mum sues hospital trust after son born with cerebral palsy

The Oxford Times: Alison dos Santos with son Tiago Alison dos Santos with son Tiago

A MOTHER is hoping she’ll get answers about her son’s birth by taking legal action against the health trust.

Alison dos Santos, of Cope Road, Banbury is suing Oxford University Hospitals NHS Trust (OUHT) for more than £300,000.

She says staff should have realised that her unborn baby was showing signs of distress, and should have fast-bleeped doctors.

She has accused the trust of clinical negligence and alleges that if her son Tiago was born “minutes earlier” or “completely resuscitated”, he would have been born unharmed.

But the child, now seven, suffered brain damage and was diagnosed with cerebral palsy when he was 10-months-old.

Although Tiago is bright he has restricted mobility, is confined to a wheelchair, and will need care for the rest of his life.

The family were dealt a second blow when Tiago’s 39-year-old father, Paulo Silva dos Santos, died in a road crash on the A415, near Ducklington, in 2006.

Tiago was just one at the time.

Ms dos Santos said: “Tiago is a beautiful boy with great potential. He has an inquisitive mind and a sense of adventure.

“This legal action will hopefully provide the answers to the many questions I have around what happened at his birth, as well as ensure that we can build a more positive future for Tiago, where we don’t have to rely on charity funding for essential equipment and therapy to unlock that potential.”

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According to the writ lodged at the High Court, Tiago was born at Banbury’s Horton Hospital on June 26, 2006, with the umbilical cord tied around his neck, he was not breathing and his face was blue.

Mrs dos Santos, through her solicitor Dr Mala Sidebottom, of firm Leigh Day, is seeking unlimited damages of more than £300,000 for her son.

Dr Sidebottom said: “This claim is being brought by Ms dos Santos in order that she might find the answers to what happened at Tiago’s birth as well as provide for his life-long care.

“Any compensation would be calculated to his exact needs and would be kept in a trust to provide peace of mind for his family that his life-long care needs would be provided for.

“These types of cases are relatively complex and can take a number of years.

“We believe that we are now in a position to assess what Tiago requires in the way of care for the rest of his life.”

A spokesman for OUHT said: “The trust can confirm that a High Court claim relating to a birth in 2006 has been filed against the trust.

“Because this is an ongoing legal claim, the trust is not in a position to comment further.”

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