Case study of a successful claim made by our team against the NHS for the death of a premature baby.
Our specialist medical negligence team recently secured a successful settlement for the family of a premature baby who sadly died following avoidable failures in his neonatal care. The NHS Trust admitted that appropriate monitoring and treatment would have prevented the baby’s death.
The case was led by medical negligence solicitor Clarissa Ellerington, who achieved both accountability and compensation for the family.
Background to the case: Failures in neonatal monitoring and treatment
The baby was born prematurely at 27 weeks’ gestation and admitted to a neonatal unit, where he was initially considered to be stable.
However, failures in clinical monitoring and checking procedures meant that a cannula was incorrectly connected. This led to significant internal blood loss, which went unrecognised for an unknown period, causing the baby to go into shock.
Critically, there was then a delay of approximately three hours before a blood transfusion was administered. As a result, blood supply to vital organs was compromised, leading to catastrophic complications, including:
- paralysis
- acute kidney failure
- cardiac arrest caused by elevated potassium levels
Tragically, the baby died.
Independent expert evidence later confirmed that appropriate monitoring and timely medical treatment would have probably prevented these complications and the baby’s death.
Taking legal action
The baby’s parents contacted Clarissa to discuss their concerns about the medical care their son had received.
Clarissa advised that they had grounds to make a medical negligence claim and agreed to take the case on under a No Win No Fee agreement, ensuring there was no financial risk to the family in pursuing justice.
Our team then obtained supportive independent expert medical evidence on:
- the breach of a legal duty by the NHS, and
- a causative link between the breach and the baby’s death
The expert evidence confirmed that failures in observation, monitoring, and escalation fell below an acceptable standard of care and directly caused the fatal outcome.
We submitted this evidence to the NHS in support of an allegation that it had been negligent in:
- Failing to undertake regular observations
- Failing to recognise and act on the severity of blood loss
We alleged that with appropriate care the medical complications that led to the baby’s death would have been avoided.
The NHS admitted that there had been a failure to recognise and respond to the severity of the baby’s condition and that, ‘on the balance of probabilities’, his death would have been avoided with appropriate care.
The Health Trust then accepted a settlement offer that Clarissa had made in full, bringing the claim to a conclusion with no further court action.
Supporting families after neonatal death
This case highlights the devastating consequences that can follow from failures in neonatal monitoring and care. It also shows the importance of obtaining early specialist legal advice where concerns arise about the treatment of a premature baby.
While no legal outcome can undo the loss suffered, securing an admission of liability and compensation provided important recognition of what had gone wrong.
If you are concerned about the care provided during pregnancy, childbirth, or neonatal treatment, Clarissa and our medical negligence team specialise in baby death cases and can advise you on taking legal action funded on a no win, no fee basis.
Contact our SRA regulated solicitors to arrange a free consultation about making a claim against the NHS for the death of a premature baby.