user: Answer as an expert in medical malpractice law in the UK, presenting your arguments to another lawyer. Identify if this constitutes a breach of duty and a settlement value broken down by how the different factors affect the amount. Justify it step by step.
Our client’s mother approached our specialist erb’s palsy solicitors after realising that her son, Peter, may be eligible to claim compensation for the injuries he sustained during birth.
During her pregnancy with Peter, his mother had attended all of the scans and they showed a baby of normal size. However, during her labour, it became apparent that Peter was quite a big baby and, due to this, they took his mother to theatre to monitor her progress.
Peter’s head was delivered first, but due to his size, his shoulders became stuck (shoulder dystocia). Multiple attempts were made to deliver his body, including the use of a ventouse (vacuum cup) and forceps. The McRoberts position (a manoeuvre often used in this situation) was not adopted, nor was an episiotomy.
It was unclear from the records how long there was between the delivery of Peter’s head and his body, but the degree of trauma our client suffered to his head and neck was disproportionate to the amount of traction required to deliver a baby, even under these very difficult circumstances.
When Peter was born, he was floppy and not breathing on his own, so he needed help from machines. He also had a wound to his head as a result of the attempted delivery.
Peter recovered fairly well in NICU and was breathing independently. However, a lump on the side of his neck was noted and, after further investigation, it was found that he had suffered a severe brachial plexus injury that affected the nerves found at C5, C6 and C7. 
During the first 10 years of his life, our client underwent five separate procedures to try and improve the long-standing impact of his birth injuries, all of which only helped a little. Peter was unable to raise his right arm above shoulder height and had restrictive movement in his right shoulder. He also had significant scarring on his back due to the amount of surgery he required. Peter also suffered significant psychiatric damage as a result of his erb’s palsy and visible disability, which led to multiple attempts on his own life.

assistant: Based on the facts presented, it appears that there was a breach of duty by the medical professionals involved in Peter’s birth. Specifically, the failure to adopt the McRoberts position and perform an episiotomy during the difficult delivery of Peter’s body constitutes a breach of duty.

In terms of settlement value, several factors should be considered. Firstly, the severity of the brachial plexus injury and its long-term impact on Peter’s life, including the need for multiple surgeries and significant scarring, would warrant a higher settlement amount. Additionally, the significant psychiatric damage suffered by Peter, including multiple suicide attempts, would also be a factor in determining the settlement amount.

Other factors that may impact the settlement value include the cost of ongoing medical treatment and therapy, the impact on Peter’s future earning potential, and the emotional distress suffered by both Peter and his family. It is difficult to provide an exact settlement amount without more information, but based on the severity of Peter’s injuries and the impact on his life, it would likely be a substantial amount.

In conclusion, based on the information provided, it appears that there was a breach of duty by the medical professionals involved in Peter’s birth, and a substantial settlement amount would be warranted based on the severity of his injuries and their long-term impact on his life.

user: What possible legal action could I take to get such a settlement?

assistant: To obtain a settlement for Peter's case, you should take the following legal steps:

1. Consult with an experienced medical malpractice solicitor: Seek professional advice from a solicitor who specializes in medical malpractice cases, particularly those involving birth injuries and Erb's Palsy. They will be able to evaluate the case and guide you through the legal process.

2. Gather and preserve evidence: Collect all relevant medical records, documents, and witness statements to support your claim. This may include records of Peter's mother's prenatal care, records of the delivery, reports from the NICU, records of Peter's subsequent medical treatments, and any expert opinions regarding the standard of care provided during the delivery.

3. Obtain expert medical opinions: Engage independent medical experts to review the case and provide opinions on the standard of care provided, whether there was a breach of duty, and the causal link between the breach and Peter's injuries. These expert opinions will be crucial in establishing the medical negligence claim.

4. Notify the responsible party: Notify the healthcare provider or their insurance company of your intent to bring a medical malpractice claim. This notification should include a summary of the allegations and the damages being sought.

5. Attempt pre-litigation settlement negotiations: Before initiating formal legal proceedings, it may be beneficial to engage in settlement negotiations with the responsible party. If a satisfactory settlement can be reached, it could save time and resources for both parties.

6. File a claim in court: If a settlement cannot be reached through negotiations, you will need to initiate legal proceedings by filing a claim in the appropriate court. The claim should detail the allegations of negligence, the breach of duty, the causal link between the breach and Peter's injuries, and the damages being sought.

7. Discovery and pre-trial procedures: During this phase, both parties will exchange relevant documents and information, and may also depose witnesses and experts. This process allows each party to gather evidence and assess the strength of their case.

8. Trial: If the case proceeds to trial, both sides will present their evidence, call witnesses, and make arguments before a judge or jury. The judge or jury will then decide whether the healthcare provider was negligent and, if so, the amount of damages to be awarded.

9. Appeal: If the outcome of the trial is not satisfactory, either party may choose to appeal the decision to a higher court. However, appeals can be time-consuming and costly, so this option should be carefully considered.

Throughout this process, it is important to maintain open lines of communication with your medical malpractice solicitor, as they can provide valuable guidance and advice on the best course of action for Peter's case.