Baby loss compensation claim

This is a real-life case study of a baby loss claim, based upon a failure to monitor and refer.

Background to the case

We have recently recovered compensation for our client in a maternity case where a lack of monitoring resulted in the tragic death of her baby.

When our client (who for confidentiality we will refer to simply as ‘Mrs W’) became pregnant with her second baby, the medical professionals caring for her noted that her BMI was 40. Although this indicated the potential for problems arising, no referral for consultant-led care was made. Her BMI later rose to 48.5 and a Glucose Tolerance Test was carried out, which came back as normal. Mrs W also started suffering with swollen feet and fingers, which she was assured would settle after rest. There had been an episode of reduced fetal movements, though no referral was made.

When Mrs W was admitted into the labour ward, she experienced bleeding and began to suffer sudden and intense stomach pains. She told her midwife about it, but her concerns were dismissed as normal labour pains.

Midwives checked the baby’s heart rate. They noted it was difficult to read due to Mrs W’s high BMI. Notes made by the midwives recorded that the baby was in distress and it was clear they had struggled to get a reading of the baby’s heart rate. At the same time, Mrs W was passing blood clots, which resulted in the need for her to receive a blood transfusion.

Following the blood transfusion, Mrs W was found to be 5cm dilated, and she was given an epidural. She subsequently gave birth to her daughter, who was sadly stillborn.

The baby loss compensation claim

Mrs W consulted us about the conduct of the quality of the care she had received, and we agreed to pursue a medical negligence claim, working on a No Win, No Fee basis.

We wrote to the hospital trust on Mrs W’s behalf, putting forward allegations of medical negligence, which included:

• the failure to refer Mrs W for consultant-led care at the start of the pregnancy and when she experienced reduced movements,
• the lack of fetal monitoring even when it was noted that these had slowed down, and
• the failure to recognise that Mrs W had been suffering from pre-eclampsia.

The trust admitted to failing to refer Mrs W for consultant-led care and accepted that she should have had a cardiotocography when being admitted into labour early. However, they denied some of the allegations, including the failing to detect pre-eclampsia.

We obtained a Midwifery and Obstetrician expert report which confirmed there were clear failings in the monitoring of mother and baby, and concluded that had a Cardiotocography been performed, it is likely that the fetal distress would have been picked up earlier, and may have led to a different outcome.

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