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Investigation and recovery of damages for client in relation to tragic stillbirth medical negligenceFacts of case
The case concerned the circumstances surrounding the stillbirth of our client’s child.
Our client had a relatively straight forward pregnancy and was deemed to be low risk.
She attended routine appointments with her community midwife.
At 36 +3 gestation a routine appointment with the community midwife took place. There was some difficulty locating the heartbeat. Our client was told that the heartbeat was lower than normal.
Due to concerns our client attended the hospital triage/pregnancy assessment unit and explained the situation and raised concerns about fetal movements.
The unit was extremely busy and she was told to go to the canteen for 30 minutes and drink more cold drinks. She was then taken to a bed. Following fetal investigations no fetal heartrate could be detected. A fetal death in utero (FDIU) was then confirmed.
A full post-mortem had confirmed there were no congenital abnormalities, the placenta had shown distal villus immaturity and there were positive anticardiolipin antibodies.
Serious Untoward Incident Root Cause Analysis Report
The Trust undertook their own comprehensive investigation and categorically concluded that the tragic outcome would not have been any different.
Complaint Made To The Nursing And Midwifery Council
Our client made a complaint to the NWC who felt that there was no case to answer.
Litigation
We obtained expert evidence from a specialist Obstetrician and Gynaecologist.
Letters of Claim were sent to both Trust’s in relation to delays firstly by the community Midwife and then by the Midwife’s at the hospital. It was alleged that absent the delays an emergency c-section would have been performed and the child born alive and well.
Some admissions were made in respect of delays in treatment / investigations however it was denied that the tragic still birth could have been avoided.
Through Alternative Dispute Resolution a negotiated settlement was achieved for the benefit of our client without the need to commence Court Proceedings.
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