Negligent care during childbirth results in baby's death
Ellen found out that she was pregnant in March 2007, she was given an estimated due date of 4 October 2007 and her pregnancy then progressed without any concerns until 1 October 2007 when her contractions started and so she was admitted to Calderdale Royal Infirmary.
On 2 October 2007 at around 17.30 her waters broke. The Midwife performed an internal examination but was not 100% sure what she was feeling during the internal examination as there appeared to be a tight band of muscle around the uterus. The midwife requested that the Registrar examine but they did not note any abnormality and as Ellen was making minimal progress it was decided that Syntocinon would be used to speed up the labour.
On 3 October at 00.30 the Midwife became concerned about the results of the foetal monitoring and therefore the Registrar was asked to review the situation. At approximately 01.00 the Registrar carried out a further examination at which it was first identified that there was a septum in the vagina. Following the identification of this abnormal anatomy the Registrar discussed the delivery with the Consultant on call who discouraged the use of forceps but did not advise that a Caesarean section should be performed.
Ellen was noted to be fully dilated at approximately 02.30 and was told to start pushing until around 03.40 when the decision was then made for Ellen to be taken to theatre for a trial of instrumental delivery via Vontouse. Delivery via three pulls using the Vontouse was attempted but did not work and therefore was aborted and it was decided that a Caesarean Section should be carried out which was commenced at approximately 04.20.
The baby was eventually born by way of Caesarean section at approximately 04.25. At birth he was pale and floppy but did make a small gasp. Resuscitation was attempted but was ineffective and so after thirty minutes it was stopped and at 05.02 on 3 October 2007 the baby was pronounced dead. A post mortem established that the cause of the baby’s death was due to a subdural haemorrhage caused by a lack of oxygen around the time of delivery.
Margaret Ryan was instructed to investigate a clinical negligence claim against Calderdale and Huddersfield NHS Trust for alleged substandard obstetric care. It was alleged that the hospital staff delayed in recognising that due to Ellen’s anatomy it would never have been possible for the baby to have been delivered by way of a natural delivery and that there was a delay in performing a Caesarean section both resulting in a delay in the baby’s delivery. This caused the baby to suffer irreversible brain damage due to a lack of oxygen shortly before his birth.
We helped Ellen claim compensation for the pain and suffering that her baby would have experienced prior to his death and a claim for the funeral expenses. A claim was also brought on behalf of Ellen and her husband for psychiatric injury as a result of the circumstances surrounding their baby’s death, a loss of earnings claim and also an expenses claim.
The hospital Trust admitted that negligent care had been provided and that the baby’s death would have been avoided with appropriate care. Margaret Ryan of the Clinical Negligence team in Leeds represented Ellen and an out of court settlement was reached in the sum of £50,000.
Margaret said “this is an extremely sad case involving the death of a new born baby shortly after his birth due to severe brain damage. What was truly upsetting for the family is that this devastating outcome would have been avoided had the hospital simply not delayed with carrying out a caesarean section. No amount of compensation will bring their baby back but the apology from the hospital goes some way towards giving them closure to this sad event”.