Compensation of £23,000 for still birth following failure to perform growth scans

23 July 2024

The specialist clinical negligence team at Curtis Law Solicitors has recovered £23,000 in compensation for a client who experienced a still birth after missed growth scans and failure to discuss foetal movements.

Miss M was pregnant for the fourth time after two previous term deliveries and one miscarriage. She underwent a dating scan at 19 weeks gestation but an anatomy scan at 21 weeks gestation was not successful due to active foetus. A repeat scan was planned for 22 weeks but this did not take place. A growth scan was subsequently performed at 27 weeks and this confirmed growth plotted to the 40th centile. There was a failure to identify that the repeat anomaly scan had not been performed. There was a failure to repeat the growth scan between 32-36 weeks. At 38 weeks, Miss M called the midwives to report that she was having contractions. She was advised to remain at home, to take analgesia, and to call back with any concerns. There was a failure to ask about foetal movements. When Miss M attended the delivery ward the following day, it was found that her baby had died.

It was admitted that if growth scans had been repeated between 32-36 weeks gestation, a drop off in foetal growth would have been identified which would have led to delivery by planned caesarean section before intra uterine death occurred. Further, if questions had been asked about foetal movements when Miss M called the midwives to report her contractions had started, she would have attended for examination, and this would have led to caesarean section and prevented the death of the baby.

Miss M was examined by a psychologist who confirmed that she developed Post Traumatic Stress Disorder which lasted for less than 12 months because of the admitted negligence. Compensation was sought in relation to the psychological injury and the loss of satisfaction in bringing the pregnancy to a satisfactory conclusion and a settlement of £23,000 was secured.

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