[2008] LTLPI 16.10.08

A midwife misidentified the Claimant’s baby, giving her another baby and her own newborn to another mother. The baby was wearing clothes that the Claimant did not recognise. The Claimant specifically asked if the baby was her daughter since she looked different and appeared heavier. The midwife reassured her, however the Claimant subsequently noted that the name card on the cot was not that of her daughter and was reassured again when enquiring once more. The Claimant became distressed and a more senior midwife checked nametags on the baby, confirming it was not her daughter. After two hours the Claimant and her daughter were reunited.

Claimant was given antibiotics to take for two weeks and advised to use alcohol gel when handling as the other mother and baby had infections. Claimant subsequently suffered PTSD with obsessive behaviour about the danger of infection to her daughter. She carried alcoholic gel wherever she went and found it difficult to trust people. She suffered disturbed sleep and anxiety nightmares concerning her daughter’s safety. Claimant underwent counselling for sixteen months and required sleeping tablets and antidepressants. It was anticipated she would recover from ongoing symptoms of separation anxiety within 9 to 12 months with cognitive behavioural therapy and medication.

Out of court settlement: £15,000 (estimated General Damages £12,900).