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

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.

 

£90,000 settlement allows couple to fund IVF treatment after negligent surgery

Tees secured a £90,000 settlement for Alicia*, a woman who became infertile after her left fallopian tube was damaged during negligent surgery. The settlement has given Alicia and her partner, Lewis*, the opportunity to pursue IVF treatment to grow their family.

Negligent surgery leads to infertility

In 2008, Alicia underwent surgery to repair a hernia located on the left side of her groin. During the procedure, surgeons noted that her fallopian tube and ovary were involved. Following the surgery, Alicia was assured by her doctors that everything had gone well. At the time, Alicia was 24 years old and had plans to start a family in the future.

Discovering the devastating consequences

In 2014, Alicia and Lewis decided to begin their family. After several months of trying, Alicia became pregnant. Tragically, she suffered a ruptured ectopic pregnancy involving her right fallopian tube, resulting in the loss of her baby. During emergency surgery to remove the ruptured tube, doctors discovered that Alicia’s left fallopian tube was missing. The removal of her right tube left Alicia completely infertile, requiring IVF to conceive.

The devastating news shattered the couple’s dreams of having a large family. Alicia developed severe depression, and both she and Lewis struggled to accept the reality of their situation.

Seeking legal support with Tees

Determined to find answers, Alicia and Lewis approached Tees to pursue a medical negligence claim. Our team investigated the circumstances surrounding Alicia’s hernia surgery. With the support of a general surgery expert, we alleged that the negligence during the procedure caused Alicia’s left fallopian tube to be damaged or removed.

The hospital admitted full liability and issued an apology.

Securing the future with a £90,000 settlement

While Alicia and Lewis were able to have one child through NHS-funded IVF, they faced further challenges. NHS support for IVF ended after their first child, leaving them unable to afford additional treatment to achieve their dream of having a large family.

Tees argued that the negligent surgery had directly prevented Alicia from conceiving naturally. We negotiated a £90,000 settlement, calculated to cover the estimated cost of IVF cycles necessary for the couple to have three more children.

The settlement provides Alicia and Lewis with financial support to continue their IVF journey and build the family they always dreamed of.

A path towards healing and hope

Following the resolution of her claim, Alicia expressed her gratitude, saying:

“I can’t thank you enough for everything. You have been so helpful and efficient throughout and I’m really pleased with the result. It does feel like a weight has been lifted now and hopefully, plenty more [children] to come.”

Katheryn Riggs, Associate Solicitor at Tees’ Bishop’s Stortford office, who worked on the case, commented:

“This was a challenging claim to value, but with the help of an expert in gynaecology and fertility, we carefully assessed the number of IVF cycles Alicia would need to have the best chance of conceiving three more children. I am delighted that we have been able to get answers and an apology for what went wrong, and that Alicia and Lewis can now move forward with their plans to grow their family.”

How Tees can help you

If you’ve experienced negligent medical care resulting in infertility or other reproductive health issues, our experienced medical negligence team can help you pursue a claim. We understand the devastating impact that medical negligence can have on your life, and we are committed to supporting you through the legal process.

Contact Tees today to speak with one of our compassionate medical negligence solicitors. We’ll listen to your story, provide expert advice, and help you secure the compensation you deserve.

Client names have been changed to protect their privacy.

 

£575,000 pre-trial settlement for child left with cerebral palsy as a result of poor management during labour

Tees secured a £575,000 settlement for HC, a child who suffers from mild motor, learning, and cognitive impairment as a result of medical negligence during her birth.

Background: A normal pregnancy with unexpected complications

HC was born in 1985. Her mother, MC, experienced a normal pregnancy, except for a urinary tract infection at 24 weeks, which was treated without further complications.

At 34 weeks, MC was admitted to West Suffolk Hospital after experiencing irregular contractions. Medical staff monitored her using cardiotocography (CTG) to track the baby’s heart rate and contractions, initially reporting normal and reassuring results.

Signs of distress and delayed intervention

As MC’s contractions continued, her discomfort increased. A midwife detected signs of bradycardia, indicating an abnormally slow heart rate. A doctor assessed MC and observed a further slowing of the baby’s heartbeat. Concerned but uncertain of the cause, the doctor requested a consultant’s review.

Upon examination, the consultant suspected a concealed haemorrhage and ordered an emergency caesarean section. Tragically, HC’s heart rate had become undetectable five minutes before delivery. After birth, HC was unable to breathe independently for approximately 30 minutes and was transferred to Addenbrooke’s Hospital for intensive care.

Lasting impact of medical negligence

Due to the trauma and oxygen deprivation at birth, HC, now in her 30s, experiences mild motor impairment, learning difficulties, cognitive challenges, and some communication problems.

Investigating the claim: Overcoming challenges

Tees began investigating HC’s case in 2000 when she was 15 years old. The delay between her birth and the investigation posed additional challenges. Our dedicated birth injury legal team worked diligently to obtain and analyze her medical records, which were released gradually by the hospital.

Upon thorough review, we identified critical concerns regarding the management of MC’s labour. Our investigation focused on whether HC’s brain damage could have been prevented had she been delivered earlier through an emergency caesarean section.

Establishing liability and securing compensation

Initially, the hospital contested liability, denying any wrongdoing. However, Tees collaborated with expert witnesses to present detailed evidence on the negligent management of HC’s delivery.

In 2008, after extensive negotiations, the case was settled out of court, avoiding the expense and stress of a trial. HC received a £575,000 settlement, which was placed into a Personal Injury Trust to safeguard her future entitlement to means-tested benefits.

Legal insight from Tees

Janine Collier, Executive Partner and Head of Medical Negligence at Tees, commented on the case:

“In this case, our perseverance paid off. Despite the significant amount of time between HC’s birth and our investigation, we were able to identify clear evidence of negligence. The hospital missed opportunities to recognize that HC was experiencing oxygen deprivation, and an earlier caesarean section could have prevented her brain damage. The settlement will help HC access the support and resources she needs for her future.”

How Tees can help you

If you or a loved one has experienced birth injuries due to medical negligence, Tees’ specialist medical negligence solicitors can provide expert legal support. We are committed to securing the compensation and answers you deserve.

Contact Tees today to speak with one of our compassionate legal professionals.

* Client names have been changed to protect their privacy.