Baby was still born as a result of hospital negligence - £35k compensation
A couple recently received £35k in compensation after their son was still born due to a haemorrhagic haematoma in the umbilical cord and a cord accident when decelerations in the fetal heart rate were not identified by medical staff.
Hospital Maternity Staff Negligence
On 9 September 2005, the baby's mother went into labour at 41 weeks' gestation. She was advised by the hospital to stay at home until her contractions became stronger. She contacted the hospital on several occasions to tell them that her contractions were frequent, but each time was told to stay at home.
On 10 September 2005, at 10 am, she went to hospital and had a contraction whilst waiting in the hospital corridor. She stayed at the hospital for a further 30 minutes but did not have any further contractions. The hospital staff did not perform a CTG (trace of the baby's heart rate) before discharging her from hospital. She was told to come back in five days' time. Later that day she called the hospital on a further six occasions but was again discouraged from returning. She was told that staff would only be able to give her Paracetamol.
On 11 September 2005, at just after 8am, she called the hospital again and explained that she would be coming in as the pain was very strong. She arrived at 9.45am and was admitted. She was examined by a midwife but sadly, neither the midwife, nor a consultant, could find the baby's heartbeat and she was told that her baby had died. The following day, the baby was delivered using ventouse. The cause of death was found to be a hamorrhagic haematoma in the umbilical cord and a cord accident.
The mother and father of the baby subsequently brought a claim against the hospital and alleged that it was negligent in failing to monitor their baby's heart rate when she attended hospital on 10 September.
Hospital admission of liability
The hospital admitted liability. They acknowledged that the cord had been very close to the baby's stomach and that there had been a haematoma (a collection of blood) in the cord as a result of repeated compression. They further admitted that if a CTG had been performed on 10 September 2005, it is likely that the staff would have noted that the baby was in distress and a caesarean section would have been performed. In all probability, their baby would then have survived.
Psychological Injuries
Both of the parents suffered psychological injuries and required two years of bereavement counselling to help them come to terms with what had happened. The baby's father also suffered insomnia and was only able to sleep for four to five hours per night. The mother had previously had three miscarriages, including an IVF pregnancy. She had also had two further courses of IVF treatment but they were both unsuccessful.
Medical Negligence Compensation
The parents claimed compensation for their own psychological injuries, the cost of clothing for the baby which went unused, the cost of counselling and acupuncture, along with the cost of further IVF and travelling expenses. The hospital made a global offer of £35k in compensation which was accepted by the parents in May 2009.
Click here to find out how Boyes Turner's medical negligence lawyers have helped many couples who have sadly found themselves in a similar situation.
Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.
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