Case study of a successful neonatal negligence claim following the tragic death of a baby
Overview of the neonatal negligence case
Our medical negligence team recently secured a successful settlement on behalf of the family of a premature baby who sadly passed away following avoidable failures in neonatal care.
The claim was resolved following an admission of liability from the NHS Trust, acknowledging that appropriate care would have prevented the baby’s death.
Senior Associate Solicitor Clarissa Ellerington led the case. Clarissa pursued the matter with determination over a prolonged period of non-engagement by the defending NHS Trust, ultimately achieving both accountability and financial compensation for the family.
Background to the legal claim
Baby A was born prematurely at 27 weeks’ gestation and admitted to a neonatal unit where he was initially considered to be in a stable condition.
Due to failures in clinical monitoring and checks, a cannula was incorrectly connected, causing Baby A to suffer a significant internal bleed. The extent of the blood loss went unrecognised for an unknown period, and Baby A later went into shock. Critically, there was a delay of approximately three hours before a blood transfusion was administered. As a consequence, blood supply to vital organs was compromised, resulting in catastrophic complications including paralysis, acute kidney failure and, ultimately, cardiac arrest caused by elevated potassium levels. Baby A sadly passed away.
Starting legal action for medical negligence
The family of Baby A contacted our specialist medical negligence helpline to discuss concerns about the care their son had received.
We accepted the claim, and we agreed to carry out the legal work under a No Win – No Fee agreement. This ensured that they faced no financial risk in pursuing justice for their son.
Following receipt and review of the medical records, Clarissa promptly issued a Letter of Notification to the Trust, setting out the allegations of negligence and inviting the Trust to admit liability at an early stage to minimise legal costs and delay.
The Trust confirmed that an internal investigation was underway. However, despite repeated chasers, no meaningful updates or formal Letter of Response were provided over the following eight months. In order to manage the impact of the claim on the family in such a terrible situation, Clarissa continued to build the case and protect the client’s position. Supportive expert evidence on breach of duty and causation was obtained, which confirmed that failures in observation, monitoring and escalation fell below an acceptable standard of care and directly caused Baby A’s injuries and death.
Strategic action in the case
Given the ongoing delay and lack of engagement from the Trust, we issued a formal Letter of Claim, alleging that:
- They did not undertake adequate and regular observations.
- The severity of blood loss was not recognised or acted upon.
- With appropriate care, Baby A would have avoided the medical complications that led to his death
A Part 36 settlement offer was served alongside the Letter of Claim.
Disappointingly, the Trust continued to delay matters and failed to engage with the claim advanced against them.
We therefore continued to advance the claim, instructing a specialist barrister with a view to issuing court proceedings.
Settlement of the medical negligence claim
When we sent the court papers to the Trust in advance of formally commencing proceedings, the Trust finally provided a formal Letter of Response.
In the Trust’s response, they admitted that there had been a failure to recognise and respond to the severity of Baby A’s condition and accepted that, on the balance of probabilities, his death would have been avoided with appropriate medical care.
The Trust accepted the Part 36 offer that Clarissa had made, bringing the legal claim to a conclusion.
How we can help with your neonatal negligence claim
If you would like us to assess your neonatal negligence claim and offer guidance on the funding options available, including No Win – No Fee, then contact us for a free consultation.
