A MUM is taking legal action against a hospital trust, claiming that her six-year-old daughter’s cerebral palsy was due to delays when she was born.

The youngster has severe learning disabilities after parts of her brain died as her mother spent up three days in undetected labour, according to a writ issued in London’s High Court.

Now through her mother, the child is suing East Lancashire Hospitals Trust (ELHT) for damages of more than £300,000.

She could be awarded millions to pay for care for the rest of her life if her claim is successful on a full liability crisis.

The baby was born on May 16, 2011, at Burnley General Teaching Hospital by emergency caesarean weighing just 2.53kgs.

Although she was born at 42 weeks, she was suffering from severe problems with her growth.

The writ said she suffered brain damage after being starved of oxygen, probably because of a blood clot in her mother’s placenta affecting her arteries.

Now she suffers from cerebral palsy affecting her right side and severely affecting her development.

After feeling unwell in February 2011, the mum-to-be had gone to the hospital, but despite tests showing abnormal results, her pregnancy continued under midwifery care rather than obstetric care, the writ alleges.

The mother says she was not given an adequate clinical examination, which was ‘sub-standard, negligent and a breach of duty’, and that her complaints were ‘not properly recorded in her notes’.

She said that midwives should have recognized that tests on the baby’s heart rate showed abnormal results, and should have referred her to an obstetrician, but did not, which she said was in breach of the hospital’s guidelines.

She insists that if she had been referred to an obstetrician, a scan would have found her baby was small for her age, and that the pregnancy was no longer low risk. She said she should have been delivered by 38 week.s

If the baby had been delivered before her mother went into labour, or up to 72 hours sooner, then she would have been born unharmed, the writ claims.

The mother's claim for damages for her daughter includes the cost of past and future care, accommodation, therapies, case management, transport, holidays, loss of earnings and pain, suffering and loss of amenity.

A spokesman for ELHT said: "This is a ‘very sad and complex case’.

The spokesman added: “We are unable to comment further at this stage, as legal proceedings are ongoing.”