Parents bring medical negligence claim against two hospitals for psychological injuries incurred following death of their four day old baby
On March 29, 2008 a woman was admitted to hospital at 40 weeks and 11 days gestation as she was suspected of being in labour. She informed the midwives that she was feeling less fetal movements and a CTG was commenced. The CTG was abnormal and staff faxed this information to the obstetric unit at a second hospital. Upon being examined it was noted that she was not in established labour and there were unprovoked decelerations (indicating a drop in the baby’s heart beat) on the CTG trace. Arrangements were made for her to be transferred to the other hospital by ambulance.
Negligent Resistrar
After being transferred to the second hospital, she was cared for by a midwife and the CTG was recommenced. A poor trace was reported to a registrar who, without reviewing the trace, recommended that the membranes should be artificially ruptured. The procedure was carried out and it was noted that there was thick meconium present. The registrar attended and noted a pathological trace and, for 41 minutes, attempted to obtain a fetal blood sample, which the mother found very distressing.
The baby was subsequently born via a caesarean section but was not breathing and resuscitation attempts took place in theatre in front of the mother and father. At 15 hours old, the baby was transferred to an intensive care unit. Her condition deteriorated and four days after her birth the intensive support was withdrawn with parental consent. The baby died in the arms of her parents.
Medical Negligence Claim
The parents brought an action against the first hospital, alleging that it was negligent in (i) failing to record the mother's pulse as a comparison to the fetal heart rate decelerations; (ii) failing to record the presence of decelerations on the CTG trace or the presence of reduced fetal movements and irregular uterine contractions.
They brought a further action against the second hospital alleging that it was negligent in (i) failing to properly review the mother; (ii) failing to properly react to the CTG trace and meconium-stained liquor; (iii) failing to carry out an obstetric review at an earlier time; (iv) inappropriately deciding to attempt to take a fetal blood sample when the trace was pathological and delivery was not imminent; (v) taking too long to take a fetal blood sample and not abandoning the procedure. The parents alleged that delivery was delayed due to the failure to abandon attempts to take the fetal blood sample.
Liability not formally admitted or disputed, but a letter of apology was sent to the parents.
Psychiatric Injuries
The baby had suffered hypoxia during labour and died when she was four days old from neonatal encephalopathy and multi-organ failure. As a a result of this experience the parents suffered psychiatric injuries. The father suffered post-traumatic stress disorder involving flashbacks, anxiety, low mood, irritability and agitation, and as a result required medication and psychological treatment was recommended. The mother suffered an adjustment disorder and later depression for which she required medication. She also continued to experience anxiety and tearfulness.
Medical Negligence Compensation Lawyers
Boyes Turner's team of specialist medical negligence claims lawyers can assist individuals, families and parents who have been through similar difficult experiences, and our specialist lawyers also deal with a wide range of birth related injuries, to both children and parents.
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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