Success at Trial for Leila Benyounes in Birth Injury Clinical Negligence

Leila Benyounes has succeeded at trial in a birth injury clinical negligence claim, at which breach of duty and causation were in dispute.

The claim involved serious injuries suffered by the Claimant during the birth of her first child.

During the delivery, the Claimant suffered a significant and life-threatening post-partum haemorrhage, and she sustained multiple tears including a third-degree internal perineal tear. The Claimant required blood and plasma transfusions and suffered a prolonged recovery period with significant pain and the development of a psychological injury.

The Claimant’s case, as found by the judge at trial, was that she sustained an uncontrolled delivery due to the negligence of the Defendant. Liability had been denied by the Defendant throughout the claim.

The trial was heard over five days in which disputed oral expert evidence on liability, causation, and quantum from six experts was heard, including in the disciplines of midwifery and obstetrics.

Leila acted for the Claimant throughout this successful claim, including at trial, in respect of pleadings and conducting conferences with the experts. It was successfully argued that the Defendant was negligent in the particular circumstances of the delivery, based on the expert evidence heard on breach of duty and causation, and it was found that the negligence materially contributed to the Claimant’s injuries.

The Claimant was successful in her causation and quantum arguments resulting in her beating her own Part 36 offer and obtaining favourable consequences for her damages, interest, and the Claimant’s costs pursuant to Part 36.

Leila was instructed by Hayley Collinson at Hudgells Solicitors.

Leila is a specialist in the fields of Clinical Negligence and Inquests. She is Head of the Inquests Team at Parklane Plowden Chambers and is ranked as a leading junior in Legal 500 and Chambers and Partners for Clinical Negligence and Inquests and Inquiries. Her full profile can be accessed here.