Obstetrics and Gynaecology Claims
Case Report –
Failure to properly dispose of foetus following miscarriage.
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Background to the Claim
Ms F was born on the 19th February 1976 and was 26 years of age. At the time of the events with which this case was concerned she was a mature student taking A levels. She became pregnant in about September 2002 and arrangements were made for her to attend Fairfield Hospital for her ante natal care.
On the 20th January 2003 when she was 15½ weeks pregnant she underwent a scan at Fairfield Hospital and she was told the baby did not have a heart beat and it was only 12½ weeks in size. She was informed that she could either have a D & C or could deliver the baby naturally. On a second scan on the 21st January 2003 confirmed the results of the scan the previous day. Ms F decided that she would have a funeral and following induction of labour she delivered the baby on the 9th February 2003.
Ms F agreed to the hospital making arrangements for the funeral with a local funeral director and agreed to leave the baby at the hospital.
On the 12th February 2003, Ms F was informed by the Head of Midwifery that the baby was missing.
Allegations of Negligence
Ms F alleged that the Defendant was negligent insofar as it failed to take appropriate steps in order to ensure that the baby was kept safe to enable Ms F to proceed to a funeral.
Consequences of the Defendants Breach
Upon hearing the news that the baby had been lost Ms F was devastated and distraught. Ms F had a settled intention of a means of dealing with her grief over the loss of her baby to proceed to a funeral. She was deprived of this opportunity. She felt very distressed.
Ms F became tormented by ideas of what might have happened to the baby's body. She developed what a psychiatrist described as a major depressive episode with moderately severe symptoms.
Ms F was unable to cope with activities of daily living or the resumption of her college course. Her relationship with her partner, broke down at this time. She suffered sleep disturbance, insomnia, early morning waking, loss of appetite, weight loss and feelings of hopelessness.
On the 11th April 2003, her partner was involved in a serious life threatening road traffic accident. The fear that he may not survive his injuries focused Ms F's attention other than on her own distress.
Nevertheless, Ms F continues to be troubled by the psychological consequences of the Defendants negligence. She had intrusive thoughts regarding the loss of the baby on a frequent basis. A psychiatrist described her as suffering from an unresolved pathological grief. It was recommended she undergo cognitive behavioural therapy.
Compensation.
The hospital Trust admitted it was liable to compensate Ms F and her case was settles for £5,000.00.
