A four-year-old boy who was left brain damaged when he fell from a changing table in a nursery is suing for more than £5m in compensation.

James Pitcher, of Woodmere Gardens, Croydon, was just nine months old when the incident happened at the nursery operated by Headstart Nursery Ltd, on August 19, 2004.

As well as suing Headstart, he has also launched legal proceedings against Caroline Gooding, whose care he was in, and the Mayday Hospital.

Lawyers for James, sued the trust for a delay in the diagnosis of his injury at the hospital.

In May, the defendants admitted liability for his injuries and a court hearing to assess how much money he is entitled to, will take place next year. Lawyers have submitted a claim for £5,054,526.

Judge John Reddihough, at the High Court, awarded the little boy who is making the claim through his father Nigel, an interim payment of £320,000.

James’ barrister, Philippa Whipple, argued that without the money, the family would find themselves in severe financial difficulties.

Ms Whipple said £1m has already been spent on his care and the purchase of a house in Peaks Hills in Purley, which has been specially adapted for him.

The court heard that as a result of the injury, James has “very serious handicaps, is quadriplegic, is unable to breathe properly and has to be fed by a tube. He also needs round the clock care.

Judge Reddihough said James needed more money so that £288,000 worth of amendments and extensions could be made to the property in Purley.

The family have to move out of their rented home in Woodmere Gardens by the end of the year.

Describing James’ accommodation needs as “pressing”, the judge also said that the current care he receives from the NHS has some “serious shortcomings.”

Ms Whipple who said that James should be cared for privately, argued that agency nurses provided by the NHS are not sufficiently skilled to look after him and not all shifts can be covered.

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