Successful Case Following Tragic Delays in Delivery

Posted By admin - 6th November 2018

Moosa-Duke Solicitors represented Mrs X in respect of her claim for clinical negligence against a Hospital Trust in relation to the management of her labour, prior to her baby being still born.

It was the evidence of Mrs X’s breach of duty expert that prolonged deceleration and short bradycardia on the CTG trace, demonstrated a change in foetal heart rate, which should have promoted an urgent medical review.

Thereafter there were further failures to maintain CTG monitoring.  In addition, when the doctor did assess Mrs X, he failed to review the CTG trace in full and therefore failed to appreciate the long term picture of a baby in trouble.  Mrs X’s breach of duty expert confirmed that this was a grossly pathological trace, which should have prompted an earlier medical review, followed by an emergency caesarean section delivery.

Mrs X’s expert evidence was that the baby should have been born 90 minutes earlier.  However, even if he was born 30 minutes earlier, he would have survived.

In their Letter of Response, the Trust admitted that the care provided to Mrs X was substandard and that delivery should have been 30 minutes earlier than it was.  However,  they argued that even if the Baby was born 30 minutes earlier he would not have survived.

Mrs X suffered an anxiety disorder and grief reaction which required counselling and therapy and delayed her return to work.

Due to the restrictions the law paces on “secondary victims” to pursue a case,  Mr X and Mrs X’s mother, were unable to put forward a case, despite the fact that they also suffered a psychological injury following the tragic events.

Ultimately we were able to achieve a settlement with the Trust, on behalf of Mrs X, without needing to issue court proceedings.