Real-life case study of a successful claim for compensation following NHS maternity care negligence.
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The background to the case
Ms R was admitted to hospital for an induction. But when the procedure was commenced, it left her in severe pain. She was not given any information about what was happening, and received no pain relief. The midwives failed to report and respond when Ms R began losing blood-stained fluid. Tragically, she was later told that her baby’s heartbeat could no longer be detected. Her baby was delivered but had suffered catastrophic injuries, including hypoxic ischaemic encephalopathy, and he sadly passed away just hours later.
The legal claim
Caroline Webber-Brown, a Legal 500 recommended solicitor in our medical negligence team, took on Ms R’s case, working on a No Win, No Fee basis. Partner Oliver Thorne, an AvMA panel member, also supported the family through the Inquest into the baby’s death.
Independent expert evidence confirmed that the baby’s injuries and death were caused by placental abruption in the absence of adequate antenatal monitoring. The medical expert concluded that if Ms R had received the correct care, including proper handover of her care plan and continuous CTG monitoring, her baby would have been delivered earlier and would likely have survived.
The hospital admitted these failures and accepted that they amounted to a breach of its legal duty of care.
Caroline successfully secured a settlement in excess of £42,000 for Ms R, without the need for court proceedings. While no sum of money can ever compensate for the loss of a child, this resolution provided recognition of the failings in care and some measure of justice for Ms R and her family.
How we can help with your NHS maternity care negligence claim
If you would like to speak to an expert in birth injury compensation claims, then please contact our SRA regulated solicitors for a free consultation and details of our popular No Win, No Fee funding scheme.