Please note that this case report contains information that may be upsetting for some. 

Our clients were expecting their first child. The pregnancy was uncomplicated until the final stages. Around 2 weeks before delivery, Mum reported to her midwife that she had noticed that the baby was moving less than normal.  

Later the same day, Mum developed chest pains and breathlessness. She was admitted to hospital. The baby’s condition was monitored, and there were concerns that Mum may have pre-eclampsia. 

The possibility of an overnight admission was discussed, but then Mum was discharged. She was seen 3 times by the community midwife before her expected due date. 

Attempts were made to start labour with a membrane sweep a few days after the expected due date, but they were unsuccessful. 

9 days after the expected due date, Mum noticed a significant reduction in the baby’s movements. She was admitted to hospital again. 

 Mum overheard a midwife say that there was blood and protein in her urine (signs that something may be wrong). Dad asked about this but was told that everything was fine. 

Mum was worried about their baby, and she asked if she could be induced that day. She was told that it was not necessary to start induction until she was 12 days overdue.  

An appointment was made for her to go back to the hospital 3 days later. 

In the few days before the induction, Mum noticed increased movements from the baby, which she thought was a good sign. Mum and Dad went back to the hospital for the induction as planned. 

The baby had not been moving that morning, but Mum was not worried because this had been part of the baby’s usual pattern.  

After they arrived at the hospital, the doctors and midwives could not find the baby’s heartbeat. Mum and Dad were initially not informed of the concerns.  

Mum and Dad were eventually told that there was no heartbeat and that their baby had died.  

Mum asked to deliver their baby by caesarean section because she felt that a vaginal delivery would be too traumatic for her. Her request was initially refused because she was told that a caesarean was not in her best interests and there were not enough staff on the ward for it to be done safely. Her request was eventually agreed, but she had to wait until the following day for the caesarean. 

It was alleged that the hospital should have performed an ultrasound scan when Mum went to hospital 9 days after the expected due date. If a scan had been performed, the induction process would have been started on that date, and their baby would have been born healthy.  

The hospital admitted that action should have been taken earlier and that the baby’s death should have been avoided.  

Mum received compensation for the injuries that she experienced due to the trauma of losing her baby. Dad also received compensation for the trauma that he experienced, as he witnessed the events unfold. 

Since this claim settled, the law has changed to prevent Dads receiving compensation for any trauma that they suffer due to witnessing the traumatic events such as in this case. Dads currently receive no compensation if their baby is stillborn, which is unfair and unjust. We hope that there will be further changes in the law in the future to recognise the trauma experienced by Dads in these very sad cases.  

Charities who are able to provide support for people who have suffered bereavement and the loss of a child are Zephyr’s (Zephyr’s – Nurturing Support for bereaved families (zephyrsnottingham.org.uk), Bodie Hodges (Bodie Hodges Foundation – Helping Families Bereaved of A Child), SANDs (Sands | Saving babies’ lives. Supporting bereaved families) and Tommy’s (About us | Tommy’s (tommys.org). 

Moosa Duke Solicitors are an experienced team of specialist clinical negligence solicitors and specialise in cases involving maternity care including baby loss. Please call us for a no-obligation discussion on 0116 2547456 or email us at enquiries@moosaduke.com.