Nadine Montgomery, Co-chair of Baby Lifeline’s Family Voices Group, has joined L&M MediLaw as a trainee solicitor.
Her appointment to the Glasgow-based medical negligence team marks the next stage in Nadine’s work to help others, after already fighting for more than 15 years before winning her landmark legal case against NHS Lanarkshire in London’s Supreme Court in March 2015.
Nadine, a type 1 diabetic of small stature, experienced severe complications due to shoulder dystocia during the delivery of her son, Sam, in October 1999.
Sam’s head was delivered using rotational forceps, but his shoulders became stuck for a period of twelve minutes.
When he was born, Sam required CPR and adrenaline to restore his heartbeat. This sadly resulted in hypoxic insult with consequent cerebral palsy.
Nadine brought a legal case against Lanarkshire Health Board arguing that if she had known of the increased risk of shoulder dystocia (where the baby’s shoulders become stuck in the birth canal) due to her diabetes, she would have requested a caesarean section.
After a long legal battle, Supreme Court judges found in Nadine’s favour. As a result, the law was changed to establish that patients should be made aware of any material risks involved in any recommended treatment, as well as any reasonable alternatives.
The Supreme Court added that, with the advent of the Human Rights Act, patients are now to be viewed as persons holding rights, not just the passive recipients of the care of the medical profession.
In 2017, Nadine began to study law at the University of Strathclyde, where is she currently completing her postgraduate legal research focussing on patient information disclosure cases and medical informed consent.
When Nadine joined Baby Lifeline’s Family Voices Group last year (2021), she highlighted how she and the charity’s Founder and Chief Executive, Judy Ledger, had something in common: “Out of our own tragedy, we find our life’s purpose,” she stated.
“From my own experience, there is nothing more devastating than uncovering that your own birth tragedy was entirely preventable,” she added. “However, I take comfort from knowing that positive changes were made ensuring that no other family will endure what we did.”
Nadine co-chairs the group along with patient safety campaigner James Titcombe, ensuring that the voice of families feeds into everything the charity does to make birth better and safer for all mothers, birthing people, and babies.
Judy Ledger, Founder and Chief Executive of Baby Lifeline, said: “Huge congratulations to Nadine for everything she’s achieved. The team here at Baby Lifeline were thrilled to hear about her new role. We’re continue to benefit from her experience and insight as Co-chair of our Family Voices Group, and we look forward to hearing how she’s getting on at the group’s next meeting.”