Compensation of £40,000 secured for avoidable still birth
12 July 2024
The specialist clinical negligence team at Curtis Law Solicitors has recovered £40,000 in damages compensation for a client who endured a stillbirth due to failures of care at Barking, Havering and Redbridge University Hospitals NHS Trust.
Mrs G’s pregnancy was managed by the midwives and clinicians at Barking, Havering and Redbridge University Hospitals NHS Trust. There were multiple failures of care in the management of her pregnancy including the failure to perform carbon monoxide monitoring at 36 weeks, the failure to book and perform a 40 week growth scan, the failure of three separate clinicians to note that the 40 week growth scan had not been performed, and the failure to treat an E.Coli urinary tract infection with appropriate antibiotics despite it being identified at the start of the pregnancy and then at 32 and 37 weeks gestation. These failures of care meant that late onset growth restriction went undetected, and the foetus died due to acute hypoxia caused by acute chorioamnionitis following progression of the untreated urinary tract infection.
After reviewing Mrs G’s medical records and obtaining independent expert evidence in support of the claim, it was established that the performance of growth scans at 38 and/or 40 weeks would have revealed a falloff in growth rate and that this would have led to closer monitoring, timely intervention and delivery before intrauterine death occurred. Further, timely review of urine test results and/or the prescription of a suitable antibiotic for e-coli between 32 and 37 weeks would have avoided progression to/development of chorioamnionitis, closer monitoring, timely intervention and delivery before intrauterine death occurred.
After securing admissions of liability from Barking, Havering and Redbridge University Hospitals NHS Trust, settlement negotiations were started seeking compensation for the pain, suffering and loss of amenity associated with the stillbirth and the resultant psychological impact that Mrs G developed, specifically Adjustment Disorder with Anxiety and Depressed Mood. Compensation was sought because Mrs G experienced the loss of satisfaction of bringing her pregnancy to a successful conclusion, she required care and assistance from her family, and she required treatment for her psychological injury. Negotiations resulted in an agreed settlement of £40,000.
Kenneth Lees, Head of Department, said: “This was a tragic case where clear breaches of duty have caused our client to lose her baby. The trauma of her pregnancy, subsequent delivery and the loss of her baby caused her psychological injury, and she has the lifelong memory of her loss. No amount of money can every truly compensate for this kind of loss, but I am pleased that we were able to bring the claim to a successful conclusion’.
If you wish to discuss a potential clinical negligence claim with our specialist solicitors you can email us, use our online enquiry form, or call us for free on 0800 008 7450.