Our client’s first son was delivered by emergency c-section after scans showed that he was not growing as expected. He was delivered safe and well and continued to grow into a healthy little boy.
The family decided to have another baby a year later. This was a high risk pregnancy which should have prompted the hospital to ensure that both mother and baby were carefully monitored by a consultant.
The escalated care to a senior maternity professional is set out by the Royal College of Obstetricians and Gynaecologists (RCOG), NHS England guidelines, and the hospital trust’s own guidance in circumstances when a baby’s growth is restricted as would reasonably be expected to re-occur.
The hospital however, failed to respond appropriately to our client’s medical history. In the early stages of this pregnancy, low levels of an essential protein needed for her second son’s healthy development were discovered. The hospital again failed to recognise this significant risk and did not refer our client’s care to a consultant.
Our client was instead seen by a midwife 28 weeks into her second pregnancy with no consultant review provided. She was booked in for weekly specialist ultrasound scans and normal scans on a fortnightly basis.
At 36 weeks she was seen but the hospital did not advise of any concerns about the growth of her second son and no change to the agreed birthing plan were made. Given her experience during the birth of her first son – when an induction of the labour led to the baby being in distress and an emergency caesarean being required – she was keen to avoid the same traumatic experience.
An elective c-section was scheduled. Given the high risk nature of this pregnancy, our client’s second son should have been delivered by caesarean at 39 weeks. Our client was not seen by a consultant at the hospital until 40 weeks into the pregnancy following a standard ultrasound.
An unexpected growth spurt was another red flag. This again should have prompted the hospital to escalate the level of care provided. The hospital not only failed again to proceed with caution to safeguard our client’s son, but also did not advise our client of any concerns about her son’s growth.
Four days before the elective caesarean was due to take place, our client’s water broke. Her son had no heartbeat on the CTG trace nor on an ultrasound. He died in the womb following a period of oxygen deprivation and was sadly delivered stillborn.
The placenta was found to be extremely small however, he was a perfectly developed baby boy. He should have been delivered alive and well – had the hospital followed multiple guidelines on the correct level of care to be provided to patients under these circumstances.
The hospital admitted failings in the care provided causing the avoidable death of our client’s second son.
Why Diane Rostron?
Diane Rostron is a specialist complex birth injury law firm representing families affected by maternity negligence. The team collaborates with leading independent medical experts and barristers to forensically investigate the chain of events resulting in a permanent brain injury, or the loss of a baby to stillbirth or in the initial weeks after birth.
Offering in excess of 30 years’ experience, Diane Rostron has a strong history of securing £multi-million brain damage claims and substantial settlements when a baby has died following suspected medical errors.
The empathetic team of parents support families through the legal process and beyond the conclusion of a claim. The experts understand the complex lifelong care needs of a child when hospital failings have caused irreversible brain damage, including cerebral palsy cases.
The team understands the devastation and trauma suffered by parents who have lost their baby, or whose child has been catastrophically brain damaged due to preventable medical negligence – including historic incidents when other law firms have not successfully concluded a claim. Diane Rostron secures answers and justice when families have been let down by their hospital. To start a claim, please get in touch with our medical negligence solicitors by calling 01253 766 559.