Case study: Damages recovered following negligently managed labour

Vanessa Harris, Senior Associate recovered damages of £40,000 for a client who suffered major obstetric haemorrhage and placental abruption during childbirth.

Clarke Willmott were instructed to investigate a claim following the birth of the Claimant’s son. At the time of instruction the Trust had completed an internal investigation which identified up to a 10 hour delay in recognising placental abruption and proceeding to caesarean section.

In 2017 the Claimant fell pregnant with her second child, she was admitted to hospital at around 19.20hrs on 12 January 2018 with pain and bleeding. Following admission it was noted that the CTG traces were abnormal. Despite a further later CTG trace there was no escalation to caesarean section at this stage. The Claimant’s baby was eventually delivered by caesarean section at 13:00 hrs on 13 January 2018. Due to the delay in proceeding to delivery the baby had insufficient oxygen to his brain resulting in an acute profound, hypoxic, ischaemic insult. A separate claim is being pursued on behalf of the baby and this claim remains ongoing.

The Claimant suffered a major obstetric haemorrhage and placental abruption. She lost 1800mls of blood during the delivery and was admitted to HDU. As a result of the haemorrhage the Claimant had to remain in hospital for a period of 10 days, during this period her older child had to be cared for by her mother. Following discharge she moved in with her mother so that she could assist in caring for the children and the Claimant. The Claimant suffered partial Post Traumatic Stress Disorder (PTSD) and recurrence of pre-existing depression.

Liability in relation to the claim was admitted following of a service of a Letter of Claim after we secured medical evidence.

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