What does Stillbirth mean?
Stillbirth refers to babies born dead after 24 weeks or more gestation and in one year in the UK between 5 and 6 babies in every 1000 are stillborn.
The commonest causes of stillbirth are;
- Congenital defects
- Placenta coming away from wall of the uterus
- High blood pressure
- Diabetes
- Reduced oxygen levels to the baby (either while in the uterus or during birth)
- Infection
Sometimes the cause of death is clear and good information about the underlying condition is available but often there is no satisfactory explanation. Death can occur suddenly in otherwise apparently normal mature infants and at present about half of stillbirths remain unexplained.
Even if the cause of death is identified (such as lack of oxygen) it may not be possible to explain what started the chain of events that lead to death.
Many obstetricians will routinely induce all mothers with even moderately raised blood pressure and those who are significantly past their due date in an attempt to reduce the number of stillbirths, but often there is no action that can be taken to avoid the tragedy of a dead baby. Many parents have to live with not ever knowing fully what happened.
Parents need to know that everything that might have been done to avoid the baby's death was done and support and explanation to the parents in such circumstances is a basic requirement of good practice.
An official enquiry concluded that 45% of stillbirths "had sub-optimal care that might have contributed to the outcome"
Key areas of concern in the report were:
- Ante-natal risk management
- Referral practices during pregnancy
- Management of growth restriction of babies in the uterus
- Foetal movement issues (reported by mother and acted on by professionals)
- Communication issues
- Importance of advising mothers on the risks of smoking and the importance of attending ante-natal checks.
All reports into stillbirth have highlighted the need to improve communication between parents and maternity professionals. Many mothers are aware of the normal patterns of movements and growth of their baby and if there are concerns these should be heard and investigated by the professionals.
Nothing is more devastating for a bereaved parent than the fear that something could have been done that might have changed the outcome.
Stillbirth cases can be very complex and it is essential to have a solicitor experienced in the field of medical negligence law. These cases are often strongly contested and it takes the skill of a specialist solicitor to recover maximum damages.
Example of a Clinical Negligence Case: Stillbirth
The Claimant's Allegations
The First Claimant alleged there was failure on the part of the Defendants employees to effect prompt delivery of her son which resulted in his still birth on the 13th August 2003. In particular it was alleged that at 0215 hours on the 13th August 2003 the CTG trace showed deep decelerations. At 0300 hours meconium was passed. Whilst the Registrar was called no steps were taken whatsoever to effect prompt delivery.
An early admission of liability was made by the Defendant Trust. They accepted that with appropriate care the still birth would have been adverted.
Quantum
The Defendant made an initial Part 36 offer in the sum of £12,000.00 in respect of the claim brought by the First Claimant.
The First Claimant adduced evidence that in the period following the still birth of her son she developed an adjustment disorder with depressive features together with symptoms of post traumatic stress disorder. An assessment by an independent Consultant Psychiatrist approximately 10 months following the still birth recommended the First Claimant undergo psychological therapy before a firm prognosis could be given. In due course the First Claimant did undergo psychological therapy and upon further review approximately 20 months following the still birth it was noted that there had been a significant improvement in mood and the post traumatic stress disorder symptoms had diminished. At the time of the second assessment the First Claimant was pregnant again and the Consultant Psychiatrist considered that a successful outcome to that pregnancy would result in further improvement of her psychological presentation.
Following further negotiations with the NHS Litigation Authority settlement was arrived at in the sum of £30,000.00 plus reasonable legal costs for the First Claimant. The breakdown of the damages was approximately:-
Pain suffering and loss of amenity;
To reflect the loss of satisfaction in bringing the pregnancy to a successful conclusion; the physical loss of the child and the psychiatric illness consequent upon the still birth - £27,500.00; Special Damages
To include past care and loss of earnings - £2,500.00
Second Claimant
The Second Claimant is the Partner of the First Claimant. He was present and witnessed the still birth of his son.
He was assessed by an independent Psychiatrist who considered he had suffered PTSD as a result of witnessing the still birth of his son. When examined over 12 months following the still birth he was noted to have daily recollections of the events surrounding the still birth. On most days he was described as having vivid memories of what had happened in the delivery suite including a flashback of the most distressing aspects of the delivery. He was noted to have difficulty in getting to sleep because of intrusive memories which lead to irritability. On most nights he woke with intense memories of the events surrounding the delivery and remained awake for sometime. His concentration had been impaired. He felt irritable and jumpy.
The Second Claimant decided against psychological therapy which had been proposed.
The Defendant made a Part 36 offer of £3,000.00 for General Damages. Following further negotiations an agreed settlement of £8,500.00 for pain, suffering and loss of amenity (with no Special Damages) was arrived at.
Stillbirth claims due to clinical negligence are very complex. JMW Solicitors Medical & Clinical team are recognised as leading specialists in this field. We are able to deal with cases using public funding (formerly Legal Aid) or No Win No Fee in appropriate cases. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.
For an assessment of your potential claim, please click here to complete our online enquiry form and one of our specialists will contact you shortly or please contact us on 0845 402 0001.
