Mrs P was 38 weeks pregnant with her second child, a daughter, when she became concerned that she that she had not felt the baby move. She was referred to hospital by her community midwife and a Consultant Obstetrician admitted her to hospital for the her labour to be induced. This decision was reversed later the same day by a locum Registrar and Mrs P was discharged. During the night Mrs P felt her baby move but the movements then stopped and by the following morning Mrs P was feeling contractions. She was admitted to the delivery suite at the hospital after lunch again with a view that her labour would be induced.
At 18.30 pm the continuous monitoring of Mrs P’s baby was stopped. Mrs P was moved to a ward later that night and was told that her labour would not be induced until the next morning. Mrs P’s baby was not monitored again until 9.25 am the following day but the midwife was unable to locate the heartbeat and an ultrasound scan confirmed that Mrs P’s daughter had died.
Mrs P gave birth later that day. Mr and Mrs P thought their daughter looked perfect. They were able to dress and bathe her. At their request no post mortem was carried out and no cause for her death was identified. Mrs P subsequently suffered a major depression and required counselling.
We were instructed to investigate the standard of care Mrs P had received. However, in this instance the hospital also commenced early investigations. An early Letter of Claim to the Trust was following by a full admission of liability in failing to monitor Mrs P’s baby after 18.30 and deliver her earlier so that she would have survived. Despite the early admission NHS Resolution acting on behalf of the Trust failed to make reasonable offers of compensation in settlement and refused to negotiate so we were forced to start court proceedings. However, solicitors instructed to act for the Trust made an increased offer which was accepted by Mrs P.
The compensation awarded to Mrs P was made up of a sum for her pain, suffering and loss of amenity but was also to compensate her for past and future financial losses she had and would incur such as the cost of a layette which is the items a new baby needs such as vests and bottles and future counselling.
What we were unable to recover for Mrs P is a statutory bereavement award (currently set at £12,980) because her daughter was not been born alive however the Court regularly awards a sum “equivalent” to a bereavement award and our assessment of the damages recovered in this case included this and ultimately was not challenged by the Defendant.
No amount of compensation can replace what this family lost but in pursuing this claim Mrs P has ensured that she is able to keep her daughter’s memory alive.
A stillbirth is an unimaginable and devastating outcome of what should be the happiest of times. If you have suffered an injury as a result of treatment given to you during your pregnancy or the delivery of your child, please contact us to discuss this further.
Ashleigh Holt – March 2018