Death of baby following brain injury during complicated birth | Baby Loss Awareness Week

For Every Birth. For Every Baby. For Every Family.

“Handling cases of this nature requires a profound level of empathy and understanding. The psychological trauma experienced by parents is immeasurable and must be approached with great sensitivity.”

Victoria Plesca, Associate & Birth Injury Lawyer

Sadly, our client’s baby died within hours of birth after being delivered with severe brain damage. The baby’s mother had been induced into labour and, during labour, suffered a uterine rupture that was not recognised by the medical professionals treating her. Although the baby was delivered by emergency caesarean section, he had already suffered significant fetal distress.

Our approach

The Fletchers Solicitors team argued that those treating the baby’s mother failed to correctly monitor the fetal heart rate, and that steps to deliver the baby earlier should have been taken.

The outcome

The baby’s parents were awarded £30,000 and an apology from the hospital trust.

The case in detail

We acted for the parents of the baby who tragically died within hours of being born. His parents were aware that he was born severely brain damaged. His mother went over her due date and was admitted to hospital for induction of labour. The CTG trace, which monitors the fetal heart rate, showed a series of decelerations of the fetal heart rate.

The baby’s mother had previously had a caesarean section and a caesarean section scar. As it transpired, the caesarean section scar began to tear, but this was not acted upon. The fetal decelerations were not acted upon. The baby’s mother’s uterus then ruptured at the site of the previous caesarean section scar. At this stage it was an obstetric emergency and unfortunately, despite the baby being born by emergency caesarean section, he was born severely brain damaged and subsequently died.

The baby’s parents had not received any explanation from the hospital on what, if anything, had gone wrong which led to the death of their newborn child. What should have been a joyous occasion was a complete nightmare for the baby’s parents. They both suffered psychologically following his death.

Once the expert team at Fletchers Solicitors were involved, we sought independent medical expert evidence which showed the hospital were negligent in failing to monitor the fetal heart rate and that steps should have been taken to deliver the baby earlier. Had he been delivered earlier, it would have avoided his poor condition at birth, resulting in his death. It was also necessary to seek expert evidence from a psychiatrist who confirmed that the baby’s mother suffered from an acute depressive episode and adjustment disorder.

Although it was her intention to be sterilised after the birth of the baby, this was put on hold and she subsequently completed her family by having one further child.

Although a settlement was reached for the baby’s mother, this will never adequately compensate her for the loss of her newborn child. She was also able to secure an apology from the hospital and compensation to reflect her pain and suffering.