Compensation Archives

Baby loss awareness week: The heartbreak of Lisa and Ryan

Posted on 4 October 202427 March 2025 by Sarah O'Sullivan

Lisa Buttery (36) and fiancé Ryan Barnes (37) had always wanted to start a family, but despite years of trying, they had never been able to conceive. In November 2021, they eventually found out they were pregnant with baby Isla Grace and were overjoyed to finally become parents.

This would be their first child. They put their wedding planning on hold while they prepared for their new arrival.

“Our little miracle”

The pregnancy went smoothly, and baby Isla was growing well. Lisa was referred to the John Radcliffe Hospital in Oxford, where a plan was made for induction of labour at 42 weeks.

Following induction, Lisa’s labour progressed quickly, but baby Isla soon began to struggle. Concerns were first raised by midwives shortly after Lisa’s waters broke, as CTG’s (fetal monitoring equipment) suggested that Isla Grace was getting a limited supply of oxygen during labour. A plan was made to transfer Lisa to the delivery suite, but no beds were available at the time.

In the hours that followed, further concerns were raised by midwives, who felt that Isla’s heart rate was fluctuating dangerously. On three separate occasions, recommendations by the midwives to escalate Lisa to an emergency caesarean section were overruled. Eventually, Lisa was taken for a category two emergency caesarean section. A category two caesarean section is initiated where there is fetal or maternal compromise which is not considered life-threatening. Despite attempts at resuscitation, Isla tragically died at just 19 minutes old.

A coroner’s inquest took place in March 2023, which concluded that Isla died from hypoxic brain damage, signs of which were seen on electronic foetal monitoring (CTG recording).

The process

Lisa and Ryan approached Tees to help guide them through the inquest process and to bring a claim for compensation on behalf of Isla Grace.

Following initial investigations, Tees were able to secure a response from the hospital, who admitted that they failed to refer Lisa for an emergency caesarean section once concerns were raised around Isla’s wellbeing. They admit that, had Lisa been sent for an earlier caesarean section, then Isla would likely have survived.

A word from Lisa and Ryan

“Losing our beautiful daughter Isla Grace has forever changed us as people – it is a story we never thought imaginable, let alone something we will now have to live with for the rest of our lives. And that is exactly what it is – a life-long heart break knowing you will never feel true joy again without our first and only child in this world.

We contacted Tees to find answers and justice for Isla as both internal and external investigations didn’t reveal an underlying cause of death. We see that the only benefit that can come from this is change – change to processes, change to assumptions, change to maternity care that we hope will save the lives of thousands of babies – and our hope is that that will be Isla Grace’s legacy.”

Thank you to Lisa and Ryan for giving Tees permission to share their story on Baby Loss Awareness Week, in memory of Isla Grace.

If you are concerned about the care you or your baby received, you can talk to one of our specialists. We’ll listen to your experience and help you get to the truth of what happened.

Maternity errors result in stillbirth of couple’s first baby and significant injuries to mother

Posted on 10 September 202427 March 2025 by Sarah O'Sullivan

Sarah* had a traumatic experience when she lost her baby, and suffered from severe, permanent injuries which led to her decision to leave the UK.

The induction process

Sarah was admitted to a leading NHS Hospital based in London for a planned induction of labour. She was induced in the afternoon and contractions started that same evening. However, even though Sarah was experiencing regular contractions alongside severe levels of pain and bleeding, staff at the Hospital failed to recognise that she was in active labour. That night, the baby’s heart rate was detected dropping during CTG monitoring and there were episodes of shallow decelerations, but no action was taken.

Repeated please for help

The next day, Sarah was given a full dose of gels for induction and regular contractions started during the night. Although Sarah’s husband Daniel* made repeated requests for attention over a period of several hours, no physical checks or CTG monitoring was provided. Sarah’s contractions became more regular and painful, and Daniel again repeatedly asked for help but was ignored.

Tragic loss

On the third day, Daniel once again repeatedly asked for help and for CTG monitoring and by this point, Sarah’s pain levels had become unbearable. CTG monitoring was eventually performed but staff could not detect the baby’s heartbeat. Sarah and Daniel’s baby was heartbreakingly pronounced dead.

Lack of support

Even after the death of her baby was confirmed, Sarah was not offered any consultant support or advised of any alternative options for delivery. She was then left for seven-and-a-half hours pushing on her own to deliver her baby with no physical or psychological support from staff. Sarah’s physical condition became extremely poor, and Daniel was terrified that he would lose his wife as well as his baby. The prolonged second stage of labour resulted in severe, permanent injuries to Sarah.

Emotional and psychological impact

The experience was deeply traumatic with both Sarah and Daniel suffering from significant PTSD. Due to the physical and psychological trauma sustained following the incident, Sarah and Daniel felt they had no choice but to leave their home in London and move abroad to be closer to Sarah’s family for support.

Internal investigation and admission of liability

Following the incident, an internal investigation took place by the NHS Trust involved in which it was accepted that there was a “failure to recognise the onset of active labour during a high-risk induction process, and a failure to commence appropriate care including foetal monitoring once in established labour”.

Shortly after the tragic incident, the couple in their 30s, got in touch with Alison Hills. A letter of claim was sent to the Trust, who promptly admitted liability and accepted that had active labour been diagnosed and continued foetal monitoring been performed, then the baby’s death would have been avoided.

The Trust also admitted that a senior obstetrician should have been involved and advised Sarah about her options for delivery and that if delivery had been expedited after the death of the baby had been confirmed, then Sarah would have avoided the prolonged labour and subsequent injuries.

Ongoing compensation process

An assessment of the couple’s potential lost earnings, care costs, medical expenses, relocation costs and several other expenses is currently underway before negotiations can commence and a final compensation figure can be agreed with the Trust.

Statement from Alison Hills

Tees Law’s Medical Negligence Senior Associate Solicitor Alison Hills said: “This is one of the most tragic cases that I have ever come across in my 20-year career. Not only was the death of Sarah and Daniel’s baby wholly avoidable, but there were several failures of care even after the death was confirmed, which then led to a number of significant and permanent injuries to Sarah. Their lives have simply been turned upside down with every single aspect of their lives being adversely affected.

Whilst no amount of compensation will ever bring their baby back, I am hoping that when their case settles, Sarah and Daniel will be able to achieve some form of closure and start to heal from these heartbreaking events, and that lessons will be learnt for the Trust to avoid similar mistakes being made in the future”.

*Names have been changed to protect the privacy of our clients.

Hospital eventually settles after causing lifetime birth injury

Posted on 3 September 202427 March 2025 by Sarah O'Sullivan

A wrongly sited episiotomy and prolonged second stage of labour caused Lara* lifetime faecal incontinence issues, for which the trust responsible denied liability.

Background

Lara was a first-time mother who had an uneventful pregnancy. She arrived at hospital and was found to be in established labour. She then got to a point where her labour was not progressing as expected, and was given oxytocin to augment labour.

Prolonged second stage of labour

When the cervix becomes fully dilated, it is common practice to allow at least an hour for the baby to descend passively down the birth canal before the mother starts active pushing. Due to an error by the medical and midwifery staff, Lara was left in the second stage of labour for six hours before starting to actively push. She was unable to push the baby out and it was decided to use forceps.

The episiotomy and initial outcome

An episiotomy was carried out to facilitate delivery. Once her baby was born, her perineum was examined and sutured. She was discharged having been told everything had gone well.

Post delivery complications

A few days later, Lara noticed she had no control over passing urine, followed by a lack of control over passing wind and stool. This persisted for weeks before she was referred to a colorectal clinic. Tests confirmed a defect in her anal sphincter area. Despite undergoing therapies, her faecal urgency and inability to control flatus persisted.

Seeking legal support

At this point, Lara contacted Tees for legal support. She filed a formal complaint with the NHS Trust, which responded with an apology, acknowledging the episiotomy had been wrongly sited. Experts were instructed, and a Letter of Claim was sent to the Defendant NHS Trust.

Expert insight

Gwyneth Munjoma, Medical Negligence Senior Associate with Tees, said: “If injury to the anal sphincter is not recognised and appropriately repaired immediately following delivery,repair at a later date is rarely curative. The result is that the woman has to live with an injury which physically impacts on her womanhood, family life, social life and employment. In addition, these women’s entire lives are psychologically affected by the injury of such a sensitive and intimate part of the body.”

Legal challenges and resolution

Despite the letter of apology, the Defendant NHS Trust initially denied liability, further impacting Lara’s psychological well-being. However, the Trust later made a settlement offer. Following negotiations, a six-figure settlement was reached, successfully concluding the case.

Client-centred approach

Reflecting on the case, Gwyneth Munjoma stated:

“As well as my legal training, I have a background in midwifery. With that knowledge, I am able to effectively partner the client bringing in a great deal of knowledge, empathy and understanding throughout the journey of her claim.”

*Names have been changed to protect the privacy of our clients.

Tees supports grieving family with clinical negligence case

Posted on 23 November 202328 March 2025 by Sarah O'Sullivan

Justice at Stake: A Mother’s Testimony on Legal Representation in Clinical Negligence Cases

A Heartbreaking Loss: Adam Bunn’s Story

The mother of a young man who lost his life in 2021 has spoken out about the invaluable help provided by the Clinical Negligence team at Tees Law during a time of real need.

This case serves as a powerful reminder of the importance of specialist legal representation in supporting families and driving improvements in healthcare standards. This comes as the government’s proposals on Fixed Recoverable Costs (FRC) threaten to significantly limit access to justice for vulnerable groups.

What Happened to Adam Bunn?

In September 2021, 26-year-old Adam Bunn was admitted to the hospital, diagnosed with severe constipation, and discharged a few days later. Tragically, he was back in hospital the following day, where he collapsed and could not be revived.

An inquest in 2023 revealed that Adam had sepsis and rectal faecal impaction. His blood tests showed clear signs of sepsis, which should have been identified.

A Mother’s Perspective: katie Bunn’s testimony

Katie Bunn, Adam’s mother, shares her experience:

“Our son, Adam, died suddenly and unexpectedly on Friday, 17 September 2021. His inquest took place nearly two years later in August 2023. The coroner concluded that the hospital trust failed Adam in six key ways, one of which was due to neglect. With the correct diagnosis and treatment, Adam would likely have survived.”

The role of legal representation in the inquest

Katie Bunn emphasised the essential support provided by Tees Law:

“We were represented on a ‘no win, no fee’ basis by Tees Law, whose experience in clinical negligence cases was invaluable. Without their guidance, I am certain the coroner’s findings would not have been as comprehensive. The Trust would not have admitted their failings without legal pressure.”

She further explained how the legal team selected expert witnesses, engaged a skilled barrister, and navigated the complexities of the coroner’s court.

“The prospect of facing this process without legal support would have been unimaginable.”

The impact of fixed recoverable costs on access to justice

If the proposed FRC rules had been in place during Adam’s case, the family might not have been able to secure legal representation.

“The Trust would still have had taxpayer-funded legal representation, while we, as a grieving family, would have struggled without the necessary support.”

Tees Law’s perspective on fixed recoverable costs

Tees Law’s Clinical Negligence team expressed their concerns:

“Over the last decade, we have built a specialist practice representing vulnerable clients at inquests. The government’s FRC proposals will further marginalize vulnerable groups, including the elderly, those with mental ill health, and individuals with learning disabilities.”

Understanding Fixed Recoverable Costs (FRC)

Fixed Recoverable Costs (FRC) are legal fee limits proposed by the government for certain medical negligence claims. The most significant impact will be on claims under £25,000, which often involve vulnerable individuals.

The Department of Health has acknowledged that the proposed reforms disproportionately affect people with disabilities, the elderly, and low-income groups.

Recent changes to FRC in October 2023

In October 2023, the government implemented FRC for claims valued between £25,001 and £100,000. These reforms introduced an Intermediate Track with case-specific factors and Complexity Bands that determine cost limits.

Conclusion: Ensuring fair access to justice

Adam’s story highlights the essential role of legal representation in holding healthcare providers accountable and securing justice for grieving families. Fixed Recoverable Costs threaten this access to justice. It is crucial to ensure that vulnerable individuals retain the right to adequate legal support.

Tees Law remains committed to fighting for families like Adam’s and advocating for fairer legal frameworks.

Cerebral palsy medical negligence cases: How Tees can help

Posted on 17 December 202128 March 2025 by Sarah O'Sullivan

Babies can be born with cerebral palsy despite the highest level of antenatal and obstetric care. Unfortunately, in some cases, severe injury results from medical negligence, where healthcare providers fail to ensure the safety of mothers and babies during pregnancy and delivery. One major cause is the failure to recognize signs of fetal distress, leading to delays in critical situations.

Cerebral palsy medical negligence cases at Tees

At Tees, our medical negligence lawyers are supporting two severely disabled children and their families, striving to ensure they receive the lifetime security they need.

Liam Baker and Kayleigh Smith were both born in 2006 at separate hospitals.
Both children have severe physical disabilities (classified as GMFCS Level 5) and brain damage.
Liam is tube-fed and fully dependent on others, while Kayleigh also has limited vision.
Both experience severe epilepsy and seizures, managed with anticonvulsant medications.

Cerebral palsy during labour: Negligence in healthy pregnancies

Hannah Baker was experiencing her first pregnancy, which was deemed unremarkable.
Tracy Smith had a history of recurrent miscarriages and a previous emergency caesarean section.
Both mothers attended regular antenatal check-ups and raised concerns about limited fetal movement. Despite reassurance from normal CTG readings, problems arose during labour.

Medical experts identified failures in monitoring and timely intervention, resulting in preventable brain damage.

The importance of fetal heart monitoring

Monitoring the baby’s heart rate is critical during pregnancy and labour. A normal fetal heart rate ranges between 110 and 160 bpm.

Bradycardia refers to a heart rate below 110 bpm.
Tachycardia refers to a heart rate above 160 bpm.

Abnormal heart rates can signal fetal distress and oxygen deprivation. In both Liam’s and Kayleigh’s cases, medical experts concluded that fetal heart monitoring was insufficient.

Monitoring failures

Continuous electronic fetal monitoring was discontinued for both mothers after 30 minutes, against best practice guidelines.
NICE guidelines recommend that, without continuous monitoring, midwives should conduct auscultations every 15 minutes for at least 60 seconds.
In Hannah’s case, auscultations were conducted at half-hourly intervals, despite her experiencing severe abdominal pain – a potential sign of placental abruption.
For Tracy, with a history of miscarriage and traumatic birth, continuous monitoring should have been prioritized. Her initial abnormal CTG trace was disregarded, and it took two hours before medical staff intervened.

Detecting cerebral palsy and brain damage after birth

After birth, both Liam and Kayleigh had low Apgar scores, indicating distress.

Kayleigh was floppy and struggling to breathe.
Liam required immediate resuscitation and was placed on a ventilator.

Both children were diagnosed with acute hypoxic ischaemic encephalopathy (HIE), a form of brain damage caused by oxygen deprivation.

The court process for cerebral palsy medical negligence cases

After gathering extensive evidence from independent medical experts, our solicitors instructed a barrister to represent the families. The court process involved:

Statements from the families.
Medical evidence evaluating the timing and cause of brain damage.
Determining whether earlier intervention could have prevented the injuries.

Cerebral palsy compensation

Although neither case has concluded, liability has been resolved. The next step involves determining the compensation amount, expected to reach multi-million-pound settlements to provide lifelong care and support for Liam and Kayleigh.

Free expert medical negligence advice

At Tees, our experienced medical negligence solicitors are dedicated to supporting clients and their families.

If you have concerns about your medical care, we offer free, confidential, and no-obligation consultations. Contact us via our enquiry form or arrange for a home visit if preferred. We’re here to help you through every step of your journey.

Widow secures six figure sum after 5 year delay in diagnosing husband’s brain tumour

Posted on 17 December 202028 March 2025 by Sarah O'Sullivan

Nick’s Tragic Story: A delayed diagnosis and its consequences

Nick suffered a massive stroke when doctors attempted to remove a tumour that should have been diagnosed and treated several years earlier. Tragically, he passed away a few years later from a cardiac arrest.

Pursuing a Medical Negligence Claim

Janine Collier, Partner in Tees’ medical negligence team, supported Nick’s widow in pursuing a claim against Nick’s optician and ophthalmologist. The claim was based on a delay in investigating a visual field defect, a known indicator of a brain tumour.

A life full of promise

Nick, a man in his 40s, was fit, healthy, and happily married to Barbara. He had always worked hard to provide for his family, and together, they looked forward to a long and fulfilling retirement.

However, their plans were shattered when Nick was diagnosed with a brain tumour and subsequently suffered a catastrophic stroke due to surgical complications.

The initial warning signs

Years before his diagnosis, Nick visited his local optician for blurred vision in one eye. After conducting a visual field test, the optician diagnosed him with a lazy eye. Despite Nick’s concerns, the optician referred him to the ophthalmology department at his local hospital.

The ophthalmologist concluded that Nick had impending presbyopia, a common age-related vision condition, and discharged him without further investigation.

A devastating diagnosis

More than five years later, Nick experienced blurred vision, speech difficulties, and weakness in his arm and leg. Brain imaging revealed a pituitary adenoma, a brain tumour pressing on critical structures.

As Nick’s condition worsened, he underwent surgery to remove the tumour. Due to its size and invasiveness, only a partial removal was possible. Sadly, during a subsequent surgery, Nick suffered a major stroke, causing permanent damage.

Living with the aftermath

The stroke left Nick with severe mobility and vision impairments. No longer able to work, he relied heavily on Barbara for care. Despite these challenges, the couple faced their new reality together.

Unexpectedly, Nick passed away four years later from a heart attack.

How Tees supported Nick and Barbara

Nick and Barbara were devastated by the diagnosis and its consequences. They suspected the tumour should have been identified sooner and approached Tees for legal advice.

Janine Collier said, “When I met Nick and Barbara, I was struck by their resilience and devotion to each other. I wanted to help them understand what had happened and ensure they had financial security for the future.”

After reviewing the evidence, Janine discovered that the optician had detected a visual field defect—a clear sign of a brain tumour. However, this critical information was not relayed to the ophthalmologist, who failed to investigate further.

Had the tumour been diagnosed earlier, it would have been smaller, making surgery less complex and preventing the stroke. Nick would have retained his vision and avoided the life-altering consequences.

Seeking justice

Both the optician and the hospital denied liability, leading to court proceedings. The case was eventually settled after Nick’s passing.

Barbara later expressed her gratitude: “You really have made things as painless as possible, Janine. It’s been hard without Nick, but I know he’d be pleased that I don’t have to worry financially and can support our daughters.”

Compassionate legal support from Tees

At Tees, we understand the emotional and financial toll of medical negligence. Our experienced clinical negligence lawyers are here to provide compassionate support and guide you through every step of your claim, from the initial consultation to achieving a financial settlement.

If you believe you or a loved one have suffered due to medical negligence, contact our team today to discuss how we can help you seek justice.

Tees secured a six figure settlement after client told of miscarriage and ectopic pregnancy overlooked

Posted on 28 October 202028 March 2025 by Sarah O'Sullivan

Devastated by delayed diagnosis: Emma’s ectopic pregnancy misdiagnosis claim

Emma was left heartbroken when a delay in diagnosing her second ectopic pregnancy resulted in the removal of her remaining fallopian tube, leaving her infertile. With the compassionate support of Gwyneth Munjoma, a solicitor in Tees’ Clinical Negligence team in Chelmsford, Emma pursued a successful medical negligence claim against the NHS Trust responsible for her care.

A hopeful start turned tragic

Emma and her husband Simon had been eager to start a family. After experiencing two pregnancy losses, including one due to a previous ectopic pregnancy that required the removal of one fallopian tube, the couple remained hopeful. With only one remaining tube, they were determined to grow their family, though the fear of further complications lingered.

Following her first ectopic pregnancy, Emma received clear medical advice: if she became pregnant again, she should seek immediate medical attention for close monitoring.

Misdiagnosis and missed opportunities

When Emma discovered she was pregnant once more, she quickly attended the hospital. At five weeks pregnant, she reported slight vaginal bleeding but no pain. She was reassured and scheduled for a follow-up scan in five days. Despite her concerns, doctors advised her to return only if her symptoms worsened.

At her next scan, no embryo was detected in her womb. Despite a positive pregnancy test, doctors concluded that she had miscarried. Emma was instructed to undergo blood tests every 48 hours to monitor her hormone levels. To her confusion and distress, each test confirmed that her hormone levels were rising, indicating an ongoing pregnancy.

A devastating diagnosis

Four days after her third hospital visit, Emma began experiencing severe abdominal pain and significant bleeding. She rushed to A&E, where further scans revealed the heartbreaking truth — she was experiencing a second ectopic pregnancy. Her only remaining fallopian tube had ruptured, necessitating emergency surgery to remove it. The procedure left Emma unable to conceive naturally.

Pursuing justice with Tees

Struggling to come to terms with their loss, Emma and Simon approached Tees for legal advice. Gwyneth Munjoma took on their case, determined to uncover what went wrong. Independent medical experts confirmed that Emma’s care had fallen below acceptable standards. Had her ectopic pregnancy been diagnosed earlier, appropriate treatment could have preserved her fertility.

Faced with overwhelming evidence, the NHS Trust admitted full liability for the failings in Emma’s care. Gwyneth successfully negotiated a six-figure settlement, providing Emma and Simon with the financial means to explore alternative fertility options.

Supportive and experienced legal guidance

At Tees, we understand how deeply personal and emotional medical negligence claims can be. Our experienced clinical negligence solicitors are here to provide compassionate, expert legal support to those who have suffered from misdiagnosed ectopic pregnancies and other medical errors.

If you believe your medical care has fallen below standard, we’re here to help. Contact Tees for a confidential consultation and let us guide you through the process of making a medical negligence claim.

All names have been changed to protect confidentiality.

Six-figure settlement for delayed diagnosis of breast cancer claim

Posted on 24 April 201928 March 2025 by Sarah O'Sullivan

Tees has successfully settled a delayed diagnosis of breast cancer claim against Addenbrooke’s Hospital in Cambridge for a six-figure sum. The case involved Claire Radcliffe, who faced a devastating delay in receiving a correct diagnosis, significantly impacting her treatment and prognosis.

Initial misdiagnosis and delayed treatment

In 2012, at the age of 22, Claire Radcliffe discovered a breast lump. Living in Cambridge, she was referred by her GP to Addenbrooke’s Hospital. Unfortunately, her ultrasound scan was misreported, diagnosing a benign 10mm lump. Claire was reassured and subsequently discharged.

In April 2014, Claire experienced concerning symptoms, including fatigue and a newly inverted nipple. After another referral to Addenbrooke’s, she was diagnosed with a 10cm invasive cancer that had spread to her lymph nodes. She underwent radiotherapy, chemotherapy, a double mastectomy, and immediate reconstruction, followed by hormone treatment.

The impact of a delayed diagnosis

Had Claire been correctly diagnosed in 2012, the cancer could have been treated with a less invasive procedure, removing only the lump. A timely diagnosis would have prevented the need for extensive surgery, chemotherapy, and radiotherapy. Claire’s likelihood of a complete cure at that point was approximately 95%.

The 17-month delay, however, has significantly increased her risk of recurrence. Despite her resilience, Claire now faces ongoing uncertainty regarding her health and the potential for future treatment.

Legal action and settlement

Following a four-year legal battle against Addenbrooke’s, Tees successfully secured a six-figure settlement for Claire. Importantly, if her cancer recurs, Claire will have the right to pursue further compensation. The settlement also provides financial security for her and her family, particularly as Claire hopes to have children in the future.

Raising awareness: The importance of breast checks

Now 29 years old, Claire lives in Newmarket with her long-term partner, Timothy. After returning from a round-the-world trip, she is passionate about sharing her story to encourage other young women to prioritise their health.

Claire emphasises the importance of regular breast checks and trusting personal instincts:

“I was very young, just 22, when I developed cancer. It’s really important that women in their 20s realise that just because you’re young it doesn’t mean that you can’t get breast cancer.” “If you find any changes, seek help straight away. Trust your gut instinct. You know your own body – if something feels wrong, don’t hesitate to challenge your doctors.”

Legal perspective

Janine Collier, Claire’s lawyer at Tees, praised Claire’s courage:

“Claire is an incredibly brave young woman. It has been a privilege to help her seek justice and secure a fair financial settlement for the significant impact of her delayed diagnosis.”

Collier further commented on the case:

“The Trust Protocol limited the investigations due to Claire’s young age, relying solely on a physical examination and ultrasound scan. The scan was misreported, leading to the failure to perform a biopsy. The Trust has admitted that a biopsy would have identified the cancer earlier. They have apologized for this error and reviewed the case to prevent similar mistakes in the future.”

Looking forward

While the NHS continues to provide essential care, Claire’s case highlights the importance of vigilance in diagnostic processes. Medical professionals are encouraged to learn from these incidents to ensure better outcomes for patients.

To learn more about Claire’s journey, visit the BBC website where her story is featured.

Admission of liability for parents following death of 2 hour old baby in birth medical negligence case

Posted on 16 March 201828 March 2025 by Sarah O'Sullivan

Tees secured an admission of liability and a £15,000 settlement for Melissa, whose daughter Enid was born 13 weeks prematurely and sadly died soon after birth.

A tragic case of medical negligence

Melissa suffered a premature rupture of membranes (PROM) and was admitted to the hospital for observation and monitoring. Despite the severity of her condition, she was negligently transferred to a hospital unequipped to care for extremely pre-term babies. Tragically, Enid passed away from complications that could have been avoided if she had been treated in a specialist unit.

What happened to Melissa and Enid?

At 25 weeks pregnant, Melissa experienced a small vaginal bleed and PROM, a critical pregnancy complication that can lead to premature birth or infection. Concerned for her baby’s health, she went to the hospital and was admitted to a specialist maternity hospital with a neonatal unit equipped to care for babies born at or before 28 weeks’ gestation.

She was under the care of consultants and midwives for several days. On at least one occasion, she experienced pre-term labour, reaching 5cm dilation. Despite concerns of infection, Melissa was given antibiotics and continued to be monitored.

Inappropriate transfer and devastating consequences

Melissa was later transferred by ambulance to a hospital closer to her home. However, this hospital lacked the necessary facilities to care for babies born before 28 weeks. Upon arrival, her cervix was fully dilated, and Enid was in a difficult position. An emergency caesarean section was performed.

Enid required breathing support and was placed in the Special Care Baby Unit. Unfortunately, her breathing tube became dislodged. Despite six unsuccessful attempts to re-intubate her, Enid died at just two hours old.

Seeking justice with Tees

Devastated and seeking answers, Melissa contacted Tees to explore a medical negligence claim. We acted on her behalf under a “No Win, No Fee” agreement. Our legal team thoroughly reviewed her medical records and instructed specialists in maternity care to provide expert evidence.

Melissa claimed that her transfer to the unequipped hospital was negligent. The hospital later admitted that the decision was inappropriate and that, had Enid been born in the specialist unit, doctors likely would have successfully replaced her breathing tube, saving her life.

The case settled for £15,000, reflecting the short duration of Enid’s life. For Melissa, the settlement brought closure and acknowledgement of the failings in her care.

Support for parents after a stillbirth or neonatal death

Losing a baby is a devastating experience. Parents often feel isolated, guilty, and overwhelmed by grief. If you have suffered a traumatic birth or lost a child, Tees is here to help.

Our specialist midwifery and obstetric negligence solicitor, Gwyneth Munjoma, has extensive experience in cases involving psychological trauma and neonatal deaths. You can contact Gwyneth at our Chelmsford office on 01245 294274 or email her at gwyneth.munjoma@teeslaw.com to discuss your case.

Understanding Premature Rupture of Membranes (PROM)

Premature Rupture of Membranes (PROM) occurs when a mother’s waters break before 37 weeks of pregnancy. The baby is surrounded by amniotic fluid, which is contained within a protective sac. When the sac ruptures too early, it can lead to premature birth or infection.

Risks Associated with PROM

Preterm birth
Infection in the mother’s womb (chorioamnionitis)
Respiratory distress syndrome in the baby
Umbilical cord complications

Prompt diagnosis and monitoring are essential to manage PROM effectively and ensure the best possible outcome for both mother and baby.

If you have any concerns about your care during pregnancy or after birth, our expert team at Tees is here to listen and advise.

Client names have been changed to protect their privacy.

Life changing settlement for wrongful birth case after negligence during antenatal screening

Posted on 16 March 201828 March 2025 by Sarah O'Sullivan

Tees secured a life-changing settlement for the family of a boy born with Down’s syndrome, where doctors had negligently failed to detect Down’s syndrome during routine antenatal tests.

Negligence during antenatal screening

Aiden* was born with severe Down’s syndrome, experiencing developmental delays, profound learning disabilities, and requiring life-long care. His parents, Paula and Tim*, gave up their careers to care for him and faced significant mental health challenges.

A promising future turned upside down

Before Aiden’s birth, Paula and Tim had successful careers—Paula ran her own business, and Tim was a vice president of a company. They were excited to start their family and eagerly anticipated their child’s arrival.

The importance of antenatal screening

Antenatal screening is a routine part of pregnancy, designed to detect serious conditions like Down’s syndrome. The purpose is to provide parents with the information they need to make informed decisions. When an abnormality is detected or a high risk is identified, further tests like amniocentesis are recommended.

Critical errors in screening interpretation

In Paula’s case, her screening results were mistakenly interpreted as indicating a low risk of Down’s syndrome. In reality, her results showed a high risk, meaning she should have been offered amniocentesis. Tragically, Paula and Tim were falsely reassured that their baby was healthy.

Had the screening been correctly interpreted, Paula and Tim would have chosen further testing. Upon diagnosis, they would have made the incredibly difficult decision to terminate the pregnancy.

The devastating impact on the family

The shock of Aiden’s diagnosis at birth was overwhelming. Paula developed severe adjustment disorder and depression, while Tim struggled to manage both his demanding career and caring responsibilities. Eventually, both parents were forced to leave their jobs.

The emotional and financial strain on the family was immense. Paula and Tim lost the careers they were passionate about, while facing the lifelong challenges of raising a child with complex needs.

Tees’ commitment to justice

Paula and Tim approached Tees about a potential wrongful birth claim. Our experienced team pursued the case on a ‘No Win, No Fee’ basis. Despite the hospital’s initial denial of liability, Tees persisted, gathering evidence from medical experts and building a strong case.

Eventually, the hospital conceded its negligence. Interim payments were secured to cover the family’s immediate needs, including care for Aiden, accommodation, and specialist support.

Securing a life-changing settlement

Tees achieved a significant settlement that included compensation for Paula and Tim’s emotional suffering, loss of earnings, and the lifelong care Aiden requires. The settlement ensures financial stability and access to the best possible care and support.

Words from our legal team

“This was a particularly complex and sensitive case. The news of Aiden’s diagnosis was a devastating shock to his parents. While Aiden is deeply loved, the circumstances of his birth profoundly affected the family. The settlement provides for Aiden’s lifelong care and offers financial security to his parents. I am honored to have supported them through this challenging process.”

Support from wrongful birth claims solicitors

Wrongful birth claims are deeply distressing and can impact every aspect of a family’s life. At Tees, our compassionate legal team is here to help you navigate the process. If you are considering a claim, contact our specialist wrongful birth claims solicitors for free, confidential advice.

*Client names have been changed to protect their privacy.

Lisa Buttery (36) and fiancé Ryan Barnes (37) had always wanted to start a family, but despite years of trying, they had never been able to conceive. In November 2021, they eventually found out they were pregnant with baby Isla Grace and were overjoyed to finally become parents.

“Our little miracle”

The process

A word from Lisa and Ryan

Sarah* had a traumatic experience when she lost her baby, and suffered from severe, permanent injuries which led to her decision to leave the UK.

The induction process

Repeated please for help

Tragic loss

Lack of support

Emotional and psychological impact

Internal investigation and admission of liability

Ongoing compensation process

Statement from Alison Hills

A wrongly sited episiotomy and prolonged second stage of labour caused Lara* lifetime faecal incontinence issues, for which the trust responsible denied liability.

Background

Prolonged second stage of labour

The episiotomy and initial outcome

Post delivery complications

Seeking legal support

Expert insight

Legal challenges and resolution

Client-centred approach

Justice at Stake: A Mother’s Testimony on Legal Representation in Clinical Negligence Cases

A Heartbreaking Loss: Adam Bunn’s Story

What Happened to Adam Bunn?

A Mother’s Perspective: katie Bunn’s testimony

The role of legal representation in the inquest

The impact of fixed recoverable costs on access to justice

Tees Law’s perspective on fixed recoverable costs

Understanding Fixed Recoverable Costs (FRC)

Recent changes to FRC in October 2023

Conclusion: Ensuring fair access to justice

Cerebral palsy medical negligence cases at Tees

Cerebral palsy during labour: Negligence in healthy pregnancies

The importance of fetal heart monitoring

Monitoring failures

Detecting cerebral palsy and brain damage after birth

The court process for cerebral palsy medical negligence cases

Cerebral palsy compensation

Free expert medical negligence advice

Nick’s Tragic Story: A delayed diagnosis and its consequences

Pursuing a Medical Negligence Claim

A life full of promise

The initial warning signs

A devastating diagnosis

Living with the aftermath

How Tees supported Nick and Barbara

Seeking justice

Compassionate legal support from Tees

Devastated by delayed diagnosis: Emma’s ectopic pregnancy misdiagnosis claim

A hopeful start turned tragic

Misdiagnosis and missed opportunities

A devastating diagnosis

Pursuing justice with Tees

Supportive and experienced legal guidance

Tees has successfully settled a delayed diagnosis of breast cancer claim against Addenbrooke’s Hospital in Cambridge for a six-figure sum. The case involved Claire Radcliffe, who faced a devastating delay in receiving a correct diagnosis, significantly impacting her treatment and prognosis.

Initial misdiagnosis and delayed treatment

The impact of a delayed diagnosis

Legal action and settlement

Raising awareness: The importance of breast checks

Legal perspective

Looking forward

Tees secured an admission of liability and a £15,000 settlement for Melissa*, whose daughter Enid* was born 13 weeks prematurely and sadly died soon after birth.

A tragic case of medical negligence

What happened to Melissa and Enid?

Inappropriate transfer and devastating consequences

Seeking justice with Tees

Support for parents after a stillbirth or neonatal death

Understanding Premature Rupture of Membranes (PROM)

Risks Associated with PROM

Tees secured a life-changing settlement for the family of a boy born with Down’s syndrome, where doctors had negligently failed to detect Down’s syndrome during routine antenatal tests.

Negligence during antenatal screening

A promising future turned upside down

The importance of antenatal screening

Critical errors in screening interpretation

The devastating impact on the family

Tees’ commitment to justice

Securing a life-changing settlement

Words from our legal team

Support from wrongful birth claims solicitors

Tees secured an admission of liability and a £15,000 settlement for Melissa, whose daughter Enid was born 13 weeks prematurely and sadly died soon after birth.