Compensation of £46,000 for avoidable stillbirth following multiple breaches of duty of care
24 July 2024
The specialist clinical negligence team at Curtis Law Solicitors has recovered £46,000 in compensation for a client who experienced an avoidable stillbirth following multiple breaches of duty of care.
Miss Q booked her first pregnancy, and her antenatal progress was normal. At 32 weeks gestation, she had a spontaneous rupture of membranes, and she attended hospital. Obstetric review noted tightening on CTG, raised temperature, no fever, no bleeding, normal foetal movement, and no contractions. A urine test was positive for e-coli urinary tract infection. The plan was for administration of antibiotics and transfer to a labour ward. Miss Q remained under review whilst arrangements were made to transfer her to another hospital with facilities to care for a pre-term baby. She was subsequently transferred to the Trust’s hospital where no antibiotics were administered, no foetal movement checks were performed and no CTG was taken. Obstetric review led to Miss Q being discharged home with a plan for follow up at her originating hospital. No follow up appointment was in place or arranged by the Trust hospital. Later that evening, Miss Q noted vaginal bleeding and no foetal movements. A call was made to the midwives at the originating hospital who advised the use of a sanitary pad and to call back one hour later. On doing so, Miss Q was advised to attend hospital where scanning could not detect the foetal heartbeat and intrauterine death was confirmed. Subsequent tests confirmed an elevated CRP suggestive of infection, a swab taken from the vagina showed heavy growth of Streptococcus Pneumoniae, histology of the placenta revealed evidence of chorioamnionitis with inflammation of the membranes around the baby and her umbilical cord, and there were signs of bleeding behind the placenta.
Evidence was obtained from independent experts in obstetrics and gynaecology and neonatal medicine. It was alleged that there had been a failure to suspect or appreciate early sub-clinical infection, a failure to assess foetal condition with CTG, listening to foetal heart and to document foetal movements, a failure to monitor Mrs Q and the foetus, a failure to administer antibiotics, a failure to undertake and repeat CTG or observations of Mrs Q and the foetus prior to discharge, and the failure to properly assess Mrs Q before she was discharged home. It was alleged that but for these breaches of duty of care there would have been a suspicion of infection which would have prompted admission for close observation. These observations would have noted the deterioration of the foetus, and it was more likely than not that delivery by caesarean section would have taken place before foetal death and Mrs Q’s baby would have been born alive. It was alleged that
The Trust denied liability and it was necessary to issue proceedings in court to advance Mrs Q’s claim. The Trust eventually conceded liability and settlement was agreed in the sum of £46,000.
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