Case Study: Negligence During Labour Leads to Child's Death
Compensation: £50,000
Baby Abigail, Northampton
JMW's expertise has secured £50,000 compensation for a family after negligence during labour led to the child's death.
Claire had a normal pregnancy until 37 weeks when it was noted that she had raised blood pressure and a trace of protein in her urine. When Claire was 4 days over due, she was seen by a midwife at home who noted that her blood pressure was still high.
On the midwife's advice, Claire attended the hospital and she was admitted for induction of labour later that day. The membranes were artificially ruptured and the cervix was noted to be 3cms dilated and thinning. Although there was a brief period of accelerations in the presence of variable decelerations it was considered that the CTG improved and no further action was taken.
No action taken on worrying signs
However half an hour later there was a heavy blood stained show and Claire experienced the urge to push. At this stage, the cervix was 5cms dilated and it was noted that the liquor was blood stained. Further decelerations on the CTG trace were noted as well as bleeding with clots. The situation was discussed with the registrar and the decision was taken not to intervene.
An examination then showed a thick anterior lip of cervix and the CTG showed further decelerations to 80 bpm. The liquor was still blood stained and the head had not fully engaged. A decision to carry out an instrumental delivery was made at 3am with delivery occurring at an hour later.
Cerebral palsy and tragic death
Baby Abigail was born pale and floppy with very poor Apgar Scores of 1 @ 1 minute, 3 @ 3 minutes and 4 @ 7 minutes. She was intubated and transferred to the special baby care unit (SCBU) where she began to have convulsions. She was diagnosed with severe cerebral palsy and tragically passed away aged 2 and half years old.
Claim for negligence
JMW Solicitors alleged that the CTG trace was abnormal and that a more senior opinion should have been sought. The expert also found that the delay between deciding to proceed to delivery in theatre and the actual delivery was unacceptable. As Abigail’s heart rate was significantly abnormal there should have been more urgency.
Compensation
An offer of £50,000 was made by the hospital to settle the claim and this was accepted by the family.
If you would like to find out more about any of the topics discussed above, or how we can help you in your particular situation, simply get in touch with our expert and friendly team.
Do so by calling us on 0800 054 6512 or by completing our online enquiry form, allowing us to get back to you.
Back to main brain damage claims page
More Case Studies
When Phil was 49 years old he was referred to North Manchester General Hospital by his GP for investigation into problems he was having with deafness and balance.
Michelle was left with a permanent brain injury after she suffered a major stroke that her family believe could have been prevented with better care. JMW Solicitors obtained a six-figure compensation settlement.
Ann-Marie experienced severe headaches which were misdiagnosed at A&E. JMW won £150,000 for her family.
Claire was born with a congenital heart abnormality in which the left coronary artery originated from the pulmonary artery rather than the aorta - in other words on the wrong side of the heart. When Claire was nearly one year old she underwent corrective open heart surgery.
Colin was taken to his local hospital when he began to experience a sudden severe pain in the head, immediately followed by vomiting. He was transferred straight away to a larger centre for a CT scan, as a sub-arachnoid haemorrhage (SAH) was suspected.
Charles had a history of a significant nasal deformity since he was hit in the face during a rugby match. He was referred to Hospital by his GP.
Glenda presented at A&E with head and neck pain, which she had suffered from for a couple of hours. She had taken two Paracetemol but with no relief. She felt nauseous but had not vomited.
Violet won £400,000 in compensation after she was left with severe brain damage when doctors failed to diagnose her sub-arachnoid haemorrhage.
Claire had a normal pregnancy until 37 weeks when it was noted that she had raised blood pressure and a trace of protein in her urine. When Claire was 4 days over due, she was seen by a midwife at home who noted that her blood pressure was still high.
John underwent an operation to remove metalwork from his lumbar spine that had been inserted at a previous operation. At the time is used a wheelchair because of chronic back problems.
'Peter' suffered a major stroke after being wrongly send home from hospital without treatment when he developed worrying warning signs. He was left permanently disabled but medical negligence specialists ar JMW secured him £1 million in compensation to help him cope with the financial consequences.
'Andrew' is severely physically and mentally disabled after a delay in diagnosis meant a serious thyroid condition went diagnosed, leading to his collapse and a permanent brain injury. JMW's Sally Leonards secured Andrew £3.9 million in compensation to provide the specialist care he requires.
Shauna was left with severe cerebral palsy and requires 24-hour care for the rest of her life after maternity failures. Our specialist cerebral palsy team secured her compensation totalling £10 million to provide her with financial security.
'Bobby' was left with severe cerebral palsy and very significant disabilities after meningitis failures when he was a baby led to permanent brain damage. Bobby is not expected to live beyond his teens but a JMW medical negligence partner secured a £4.6 million care package that will enable him to have as comfortable a life as possible.
Luke suffered catastrophic brain damage due to appalling failures by midwives. He was left with severe cerebral palsy and will require 24-hour care for the rest of his life. The brain injury specialists at JMW obtained over £7 million in compensation to cover the cost of this.
A partner in the JMW medical negligence team and a specialist in cerebral palsy cases, obtained £13 million in compensation for two siblings who were tragically both brain damaged by hospital errors.
Claire had a normal pregnancy until 37 weeks when it was noted that she had raised blood pressure and a trace of protein in her urine. When Claire was 4 days over due, she was seen by a midwife at home who noted that her blood pressure was still high.
'Olivia' suffered catastrophic brain damage after she contracted tuberculosis on the postnatal ward, which caused meningitis.Screening errors meant the disease was not identified at an early stage when it was treatable and serious injury preventable. Nothing could make up for these appalling failures but Eddie Jones, head of medical negligence at JMW, was able to secure Olivia a lifetime care package worth £5 million.
Nicola Wainwright, a partner specialising in medical negligence based in JMW's London office, has won a case against a hospital for a child who suffered catastrophic brain damage due to meningitis that went untreated. Nicola is now assessing what care needs 'Maisie' will have for the rest of her life so that she can secure significant compensation to cover the cost of this.
