Paul McNeil was instructed by the
family of Rachel in connection for a claim under the Fatal
Accidents Act.
In March 1998, Rachel fell pregnant for the third time. Her
previous two pregnancies had been complicated by hyperemesis which
had necessitated admission to hospital.
Although she was happy to be pregnant she was very concerned
about the complications of the pregnancy. She attended her GP who
referred her to a Community Midwife who had experience in
hyperemesis of pregnancy.
The midwife visited Rachel on the 27
April. By that time she was confined to bed, was unable to take
much food and was losing weight. The midwife indicated that
all was well and that she did not need admission to hospital.
The midwife made arrangements to see
Rachel on the Saturday, 2 May. Prior to the visit, Rachel began to
deteriorate so much so that her mother came to look after her
two sons. She remained bed-ridden and towards the end of the week
began to notice that she had a pain in her calf. She was reluctant
to call the midwife in view of the
pre-arranged appointment.
On the 2 May, the midwife failed to
attend without explanation. The family contacted the GP, but he did
not see Rachel on the 3 May, because he did not think
it necessary. During the evening of the 3 May, sadly Rachel
suffered a massive pulmonary embolism and died.
We alleged that there was negligence
on the part of the midwife, because she failed to follow
up with Rachel during the week of the 27 April and failed
to attend either on the 2 or 3 May 1998. No responsible midwife
would have made these failings.
In addition we obtained evidence from
a vascular surgeon who confirmed that if Rachel had been admitted
to hospital as late as the evening of the 3 May she would have
received anti-thrombolytic treatment which would have
on balance of probabilities avoided the embolism and her
death. Liability was denied and the claim was fixed for trial in
May 2002.
The claim had also been pursued
against the GP but the case was settled by the NHSLA acting on
behalf of the midwife in the sum of £75,000.
For further information or if you have an midwife negligence claim, call Paul McNeil on 020 7861
4019
or email paul.mcneil@ffw.com.
You can discuss your midwife negligence
claim with any member of our medical
negligence team on freephone 0800 358 3848,
email personalinjury@ffw.com or
complete our short enquiry form.