Maternity team failures lead to baby being stillborn
The injury
Mum had had a healthy and uneventful pregnancy but in the few days before the induction of labour, Mum noticed increased movements from the baby, which she thought was a good sign. Mum and Dad went to the hospital for the induction of labour 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.
Contact Us Today
While no amount of compensation will ever be enough for the loss of your loved one and your loved one’s suffering, if your loss is as a result of healthcare negligence, we can help you through the legal process for investigating your concerns against a healthcare professional and your negligence claim if there is one.
We will do this by providing legal representation on a no-win-no-fee basis to investigate what happened, help you get some answers, help seek justice, and help to secure compensation which you may be entitled to.
What Happened?
Mum went 9 days over her expected due date (EDD) but no scan was done to find out what was going on.
It was alleged that the hospital should have performed an ultrasound scan when Mum went to hospital 9 days after the EDD. 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 could and should have been avoided.
Mum received compensation for the injuries that she suffered due to the trauma of losing her baby. Dad also received compensation for the trauma that he experienced, as he witnessed the events unfold.
Concerned about care during pregnancy or childbirth which has harmed you or your baby?
Nothing will ever make up for the loss of your baby.
You will no doubt have lots of questions about what happened, and you will want answers. You may want to make sure that what happened to you does not happen to anyone else.
Our role at MDS Medical law is to help you, whatever your concerns.
If you decide to pursue a claim for compensation through the legal process, then we can represent you and work with you through the legal process.
Whilst no amount of money will ever make up for your loss, compensation may go some way towards ensuring that bereaved parents are able to grieve properly and process their loss, without the added worry of financial hardship due to, for example, funeral costs and loss of earnings.
Compensation can also help fund expert care and support for the psychological injury suffered to help understand the loss and prepare for the future.
Sometimes, a compensation claim is also the most appropriate mechanism by which to get an explanation and answers about maternity care and to seek accountability, an apology and to ensure lessons are learned to prevent further harm.
Our team of legal experts specialise in maternity and stillbirth claims [insert hyperlink to appropriate page?]. We will take the time to listen to you and will discuss and deal with your claim in a sensitive, empathetic and supportive way.
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Can a dad who loses a baby make a claim?
Sadly, there has been a change in the Law affecting dads in maternity cases which means that they cannot claim.
Since this claim settled, the law has changed to prevent dads receiving compensation for any trauma that they suffer when witnessing traumatic events in maternity cases such as happened here.
Dads currently receive no compensation if their baby is stillborn, which we consider to be 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.
Disclaimer
Whilst our case studies are designed to give an indication of the outcomes that can be achieved in these circumstances, the compensation awarded in individual cases can vary significantly due to a range of factors, including the severity of injury, effects on life expectancy and financial impact, for example. For more information, contact us today.
Our Approach
We will support you, guide you and be your voice throughout.
If you are concerned about the medical treatment that you or a loved one has received, please contact us and one of our specialist team will assist you.
