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7:49am Friday 17th February 2006 in Witney By Emma-Kate Lidbury
A 15-STONE mum who claims she was told her son suffered brain damage because she was too fat and too old is suing an Oxfordshire hospital.
Rosalind Smith, 39, of Enstone, has launched a £150,000 compensation action alleging medical negligence against The Horton Hospital, Banbury, claiming mistakes made around the time of her son Jake's birth, in January 2003, caused him brain damage not her age or obesity.
Ms Smith's son died, aged 11 months, in December 2003, but she claims he would probably have been unharmed if he had be born just 24 minutes earlier.
The High Court writ states: "Had a decision been made to deliver the baby at 2.15pm, he would have been delivered by 2.25pm, some 24 minutes before he was delivered.
"It is likely that had that happened . . . he would have been born neurologically intact."
The High Court writ states that a doctor told Ms Smith her baby's condition had been causally related to her age and obesity.
"I do blame the hospital for what happened and what they did."
Rosalind Smith
Ms Smith, who lives in Enstone, told the Gazette: "I do blame the hospital for what happened and what they did.
"I am quite confident that the compensation will be successful.
"I want things to be sorted out.
"It's hard for me to talk about it. It's all too much for me at the moment.
"It's all been really hard, I've had a difficult time what with Jake's death and everything.
"I just hope this can help sort things out."
A spokesman for the Oxford Radcliffe Hospitals NHS Trust said: "We offer our deepest sympathies to Ms Smith.
"As this case is subject to litigation, we are not able to comment publicly on the issues raised by Ms Smith.
"However, we can confirm that we will be defending this claim."
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