Negligent treatment causes death of baby

They were therefore shocked and delighted when Nadia became pregnant. The pregnancy was uneventful until 2-3 weeks before her estimated date of delivery. Nadia’s waters broke whilst at home and so she attended Worcester Royal Hospital the following afternoon where it was confirmed that she had broken waters. No high vaginal swab was taken and there was no discussion as to whether she wished to stay in hospital until labour started or, if necessary, to have her labour induced. She was sent home with antibiotics and was to be seen in the assessment centre the following day.

She returned to Worcester Royal Hospital the following day and informed the midwife of a reduction in fetal movements and that she felt unwell. She was reassured and sent home.

Nadia returned to Worcester Royal Hospital the following morning where she repeated that there had been a reduction in fetal movements. She continued to feel unwell. The midwife could not detect any movement and advised Nadia that she should try to stimulate the onset of labour herself. She was to be induced the following day.

That evening she continued to feel unwell and by that time had developed backache. She contacted Worcester Royal Hospital for advice and was told to take paracetamol.

Early the next morning Nadia noticed a green discharge on her pad. She attended the hospital and was taken straight to the delivery suite. The baby’s heart beat could not be detected. After some considerable time another midwife arrived and examined Nadia. That midwife recognised that urgent action was required and preparations were made for Nadia to have an emergency caesarean section. Harry was delivered at 08.08 in a very poor condition and not breathing. He was resuscitated and transferred to the Neonatal Intensive Care Unit.

There was then a great amount of confusion over Harry’s condition. The Paediatrician informed Steven that baby Harry had died and they explained this to Nadia as she was recovering from surgery. The midwives brought Harry to Nadia but she could not face holding him. Nadia and Steven were subsequently told that Harry was not in fact dead, but he was on the neonatal ward and was dying.

Harry unfortunately lived for only 8 hours and Steven and Nadia were left traumatised, particularly as they were haunted by their last image of Harry’s face looking heavily bruised as septicaemia (bacterial infection of the blood) had set in.

Nadia and Steven made a formal complaint and an investigation was commenced. It was alleged that there was a failure to obtain high vaginal swabs, there was a failure to take account of the fact that Nadia felt unwell and was reporting reduced fetal movements and that there was a failure to discuss with Nadia the options for treatment following spontaneous rupture of membranes, including induction of labour.

It was conceded by the Defendant Trust that following Nadia’s spontaneous rupture of membranes ,staff failed to advise them that they had a choice of seeking induction of labour if it did not occur spontaneously at 24 hours of attendance or wait for 96 hours or to take a high vaginal swab. They accepted that had labour been induced at 24 hours then, on a balance of probabilities, Harry would have survived.

With the help of medical negligence solicitor Guy Forster a substantial five figure sum six times that originally offered was agreed between the parties for claims of pain, suffering and loss of amenity for both Nadia and Steven, and a claim on behalf of Harry’s estate for pre-death pain, suffering and loss of amenity.