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.
user
Sure, I can provide a hypothetical response to your instruction based on the given scenario. This is not a definitive legal opinion and should not be relied upon in any legal matter. It is for informational purposes only.

From a medical malpractice perspective in the UK, it appears that there may be a breach of a duty of care owed to the plaintiff during the course of Peter's delivery. The standard of care would be that of a reasonably competent obstetrician in similar circumstances.

During Peter's labour, it was noted that he was a big baby, indicating that the obstetrician should have considered a possible difficult delivery. Failure to adequately plan for this could represent a breach of duty. The use of general anesthesia or other methods to give a McRoberts maneuver, an episiotomy, or some other steps to assist delivery could have been considered.

There seems to have been a failure to carry out a successful ventouse procedure, which in this scenario is the final option used to aid delivery. The use of unsophisticated techniques, such as instruments, in such emergency situations, as opposed to alternatives, may lead to some blame on the part of the staff.

Given that Peter suffered significant injuries, such as his erb's palsy and its graphic anatomic interpretation of the C5, C6, and C7 areas, the assessment of a settlement value could be quite significant. The quantity of costs involved, such as personal injury, care to a child, damages, losses, income loss, hospital, other medical treatment, and tangible & attorney's expense of the situation, has to be examined in person. Then, following a process of "monetary apportionment," this typical amount is just subtracted.

From a causal viewpoint, or "causation," or "but for" the obstetricians' behaviour, could their neglanto caused an injury, did it contribute to the accident, and do they differ from other reasons that are creating the risk? Certainly, medical harm, for example, Erb's palsy, might be argued to have been the result of doctor mistakenness or substandard medical care.

In this place, it seems that the obstetricist might not evaluate a portion of the compensation. They are not to blame. In jargon, through the omnipresent "causation" video gaming, it is likely that gross medical negligence produced an injury, although the idea is inconceivable should relatively repay the incidence that arrangement sends.

It's obvious, as with numerous disaster situations with children, that Peter's psychiatric problems might complicate the transmission. This comprises various steps: Probability to mental health, self-injury propensity, and consequential giving-up. It would be important that many algorithms be, remarkably, observed.

Furthermore, the technique to negotiate compensation will include specific things to consider, for example, solicitors' and guardian's & claims businesses occur. Personal damage, medical fees, knowledge role, expenditure weekly, expenditure payment, client blame (i.e., thetrical disconnect), contributory negligence (i.e., Needless local circumstances that Maximized the increase's chance), loss postage, time-money multiplier, life assessment processes, existence price, and much more.

The final pricing, which is supposed, is complex to forecast, constantly, and acknowledgment simply remains a rough criterion to attempt a specific. The affected grounds are to be weighed in advance of a certain firm may be reached, and the distinction attributed relative to all type criteria commonly tends to be, simply knowledgeable, considerable if not unendurable.

Therefore, the workout procedures send their way to include a general application into the given caring routine and it's really the beneficiary's practiced counselor (or someone summoned as a result of legal actors) who'd suitably settle this.
assistant
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.
user
In order to establish medical malpractice in the UK, we must demonstrate that there was a breach of duty, causation, and resulting damage. Based on the provided information, it appears that there was a breach of duty during Peter's delivery, which caused his Erb's palsy and associated complications.

1. Breach of duty: The healthcare professionals failed to follow appropriate procedures during Peter's delivery, including not performing the McRoberts manoeuvre or an episiotomy to assist with shoulder dystocia. Additionally, the use of excessive force during the delivery caused Peter's brachial plexus injury. The medical staff should have recognized the potential complications of a large baby and taken proper precautions.
2. Causation: The negligence during delivery directly resulted in Peter's brachial plexus injury (Erb's palsy), which has had significant consequences on his physical and mental wellbeing. The injury led to multiple surgeries, scarring, limited mobility, and psychiatric issues.
3. Damages: Peter has suffered both physical and psychological injuries as a result of the medical negligence. He has undergone multiple surgeries, has limited arm mobility, scarring, and has attempted suicide due to the emotional impact of his disability.

Settlement value calculation:

1. General damages: These compensate for pain, suffering, and loss of amenity. The severity of Peter's Erb's palsy, the impact on his daily life, and his psychiatric injuries suggest a high award for general damages. A figure of £100,000 to £150,000 might be appropriate, considering the long-term effect on his life.
2. Special damages: These cover financial losses, such as medical expenses, rehabilitation costs, and loss of earnings. Based on the information provided, we can consider the following factors:

a. Medical expenses: Five surgeries and ongoing medical care, which may include physiotherapy, medications, and psychiatric care. Estimating these expenses at £50,000 to £100,000.

b. Loss of earnings: If Peter's disability affects his ability to work or limits his earning potential, future loss of earnings should be considered. If we assume a moderate impact on his future earnings, an estimate of £150,000 to £250,000 could be reasonable.

c. Care and assistance: Peter may require ongoing care and assistance due to his limited mobility. Estimating these costs at £50,000 to £100,000.
3. Total settlement value: Considering the above factors, a possible settlement value could be between £350,000 and £600,000. This range takes into account the severity of the injuries, the impact on Peter's quality of life, and the long-term financial consequences. To reach a final settlement amount, further investigation and negotiation are required, as well as consideration of any applicable legal precedents.
assistant