Gayle fell pregnant for the first time in February
1995. Her due date was 19 November 1995.
She had an uncomplicated pregnancy and on 24
November 1995 was admitted to hospital in established labour.
At 5am a CTG trace was commenced to
monitor the baby's heart rate. The midwife was immediately
concerned that the fetal heart rate was too fast. A doctor was
asked to attend, but did not.
The CTG continued to show signs of fetal
distress. At about 7.40am the fetal heart rate slowed down and
then stopped. An ultrasound scan confirmed that the baby had
died in utero.
Gayle's stillborn son, was delivered by way
of ventouse extraction. A post mortem examination confirmed that
the cause of death was intra-uterine hypoxia. This is when the baby
is deprived of oxygen in the womb or birth canal.
The consultant obstetrician later wrote
in the labour notes that “the CTG at 5.40am is clearly abnormal
with tachycardia and late decelerations”.
The consultant obstetrician later advised
Gayle and her husband Matthew that if he had seen the CTG trace, he
would have performed an emergency Caesarean section immediately. He
said that if this had happened straight away “there probably
would have been a better outcome”.
Gayle and her
husband Matthew consulted us in April 1999, four months
after the primary limitation period had expired.
Protective proceedings were issued on 20
April 1999. You usually have 3 years to issue a claim in
medical negligence, but we felt that
psychiatric injuries were the reason behind the delay in making a
claim.
Both Gayle and Matthew were
examined by a psychiatrist. Following the death of her son,
Gayle had become severely emotionally disturbed and depressed and
this continued for a period of approximately 18 months.
However, by the time of examination she was
no longer depressed and had been able to return to work.
In July 1999, Matthew was admitted to
hospital with a serious depressive breakdown following an
overdose.
On examination by the psychiatrist, it was
found that his depression had started following the death of
his son.
After that time, Matthew had never fully
recovered and he continued to have a clear depressive illness. With
the correct medication and counselling, it was expected that he
would make a recovery provided that difficulties at work were
resolved.
Following negotiations with the defendant’s
solicitors, Gayle and Matthew's claim was settled for
£37,500.
For further information or if you have
a obstetrics
negligence compensation claim, call Paul McNeil on
020 7861 4019 or email paul.mcneil@ffw.com.
You can also speak to any member of our
medical negligence team on
freephone 0800 358 3848,
email personalinjury@ffw.com or
complete our short enquiry form.