Jenny Waight specialist clinical negligence lawyer acting for the claimant successfully obtained an out of court settlement of £72,000 to compensate the claimant for her pain and suffering and to provide funds for IVF and psychiatric treatment.
The claimant was aged 41 at the time of her pregnancy and was advised to undergo induction of labour at 40 weeks due to the increased risk of stillbirth beyond 40 weeks due to maternal page. The claimant accepted this advice and wished to undergo induction on her due date. She was informed it had been booked but on telephoning the hospital on her due date she was told that it had not been booked but in any event the hospital was full. Induction was repeatedly delayed. Five days after her due date, the claimant’s waters broke. Despite her being high risk, she was admitted to the Barkantine Birthing Centre rather than the Royal London Hospital. Sadly, she needed to be transferred to the Royal London Hospital later that evening due to fetal distress. An emergency caesarean was performed but the claimant’s daughter was stillborn.
It was alleged that the claimant’s treatment fell below an acceptable standard and that the defendant repeatedly failed to arrange induction of labour. Further, she should have been admitted to a consultant led unit rather than a birthing centre which would have led to appropriate monitoring and an earlier delivery by caesarean section. Had this been done, the claimant’s daughter would have been born alive and well.
Given the claimant’s age, this was her last chance to have a baby naturally and so would require IVF with egg donation to have children in the future.
The defendant made partial admissions of liability and the matter settled out of court for the sum of £72,000. This included compensation for the claimant’s pain and suffering as well as IVF. The claimant also suffered from PTSD and compensation was obtained so that she could undergo specialist psychiatric treatment.
Jenny Waight specialises in obstetric cases. If you would like to ask Jenny a question about a potential case, or if you have a general query about any clinical negligence, contact Jenny Waight at Thomson Snell & Passmore solicitors on 01892 701374 in confidence.