Baby Loss Awareness Week 9-15 October 2022

Posted By Kirsty Dakin - 12th October 2022

This week is Baby Loss Awareness Week, where people share their experiences, talk about their loss and look to raise awareness of those grieving the loss of a baby.  At Moosa-Duke Solicitors we offer our heartfelt sympathies to all families who have suffered such a tragedy.

We specialise in maternity cases, and we have seen first-hand, how errors in healthcare can lead to devastating outcomes, for parents and the whole family.

We have supported parents in their search for answers and want to raise awareness to help improve healthcare and eliminate the avoidable harm that we have seen time and time again. We summarise below two cases where avoidable errors led to tragic outcomes.

Baby X

Ms X was due to have her first baby.  10 days before her due date, Ms X felt her waters break.  Despite this, the midwives did not perform an ultrasound scan or undertake a vaginal examination and the doctors failed to check whether her waters had broken. Instead, Ms X was sent home and advised to return when the contractions became more regular.

Ms X subsequently suffered with vomiting and became unable to urinate and open her bowels.

Sadly, Baby X died and Ms X had to suffer the heart breaking process of delivering her stillborn baby.  

We were instructed to investigate whether there were negligent delays in Baby X being born. Our medical experts established that Ms X should have been admitted into hospital, instead of being sent home. There was a quick and easy test that could have been performed to check whether Ms X’s waters had broken, but it was not done.  Had Ms X been admitted to hospital, the risk of urinary retention, and renal failure would have become apparent and signs of foetal distress would have been identified and addressed.  Baby X would have been delivered safely within 48 hours.   Ms X would also have avoided perineal injury and ongoing urinary symptoms.

After presenting the case to the Defendant, we secured an admission of liability, an apology, and settled the claim for the family.

Baby Y

Mrs Y had a normal pregnancy. She attended hospital at 40 weeks because her waters had broken. She was admitted with regular contractions and was taken to theatre. Baby Y was delivered by ventouse suction. 

Baby Y suffered a brain haemorrhage and organ failure and sadly died.  We were instructed to represent the family at the Inquest into Baby Y’s death, and the subsequent civil claim. We instructed medical experts, and their opinion was that the ventouse delivery was performed negligently and that it led to Baby Y’s injuries and death.

The case was pursued and was issued at court. It later settled, but no admissions were ever made. 

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