Kelly then nine months pregnant attended her GP Practice on 2 April 2008 at about 3pm. She had serious concerns about a drop off in fetal movements in her previously active baby.
Kelly saw the Community Midwife who performed an abdominal examination and fetal heart monitoring. Her advice was to go home and drink iced water (to stimulate fetal movements) and to contact the Labour Ward if no movements were felt.
At home Kelly remained very concerned. As advised she drank iced water, ate chocolate and had a bath. Even so her fetal movements stopped. Kelly telephoned the Basildon Hospital and was properly advised to come in immediately.
On arrival on the Labour Ward the attending midwife noted that her fetal movements had stopped at 4pm. As soon as the fetal heart monitoring was commenced it was seem that the trace had a sinusoidal type pattern. This is highly suggestive of a feto maternal haemorrhage and is a medical emergency. Kelly should have been taken immediately to theatre for delivery of Luka.
In fact nothing happened until an Obstetric Registrar arrived some four hours later. Even then there were significant delays in delivering Luka given the seriousness of the situation.
In fact Luka was born at 2am on 3 April. At birth he was floppy and pale and was taken immediately to the resuscitaire and subsequently transferred to the Neonatal Intensive Care Unit for treatment.
As a result of the feto maternal haemorrhage Luka lost a least one third of his circulating blood volume and not surprisingly suffered from severe anaemia at birth which necessitated introduction of fluids and blood transfusions. Sadly the treatment given was too late and Luka sustained a catastrophic injury to his brain causing amongst other things hemiplegic cerebral palsy.
Paul McNeil was asked to advise on whether a claim could be made on behalf of Luka and with the assistance of expert advice proceedings were issued in November 2014.
We were able to establish that the Community Midwife was negligent in the afternoon of 2 April in failing to urgently refer Kelly to the Labour Ward given the history of reduced fetal movements. Kelly would have gone straight to hospital and would have been on the Labour Ward four hours earlier. As a result Luka's condition would have been monitored and it is very likely that he would have been born within 90 minutes of arrival at the latest.
However, the Defendant's medical and legal teams did not accept this timing and moreover argued that all of Luka's injuries were caused before Kelly attended the Community Midwife.
Eventually the Defendant agreed to a settlement whereby it will pay 80% of the total value of the claim.
Luka's injuries are serious. He has a long life expectancy. The compensation is likely to be a very substantial multi-million pound sum for he requires help in all aspects of life.
After the case Luka's mum said:
"From the very start of our son's claim I felt this case was handled with the very highest professionalism, patience and care. My husband and I always felt Paul made us feel like a valued client and if we ever had any questions or queries, Paul would always be at the end of the phone or email. We will be eternally grateful for the amount of knowledge, hard work and effort put into the case which has not only given us more insight into how to help our son's future but also give us peace of mind. This has been a very emotional experience for us all, but throughout the whole process Paul and the team of professionals always filled us with faith that we made the right decision with Fieldfisher representing us. Paul fought for our son every step of the way with his professionalism, honesty and compassion and we will forever give thanks and gratitude for helping him improve our son's quality of life."
Paul McNeil has more than 25 years experience acting for those injured through medical negligence or personal injury accidents. Many of Paul’s cases involve serious head injuries or birth injuries and have settled for over £1 million. This ensures that Paul’s clients receive adequate compensation to pay for education, rehabilitation, care and treatment.
Paul's claims cover many areas, including:
- Medical Negligence claims
- Personal Injury claims
- Work Accident claims
- Road Traffic Accidents claims
- International personal injury claims
For further information please contact Paul McNeil
- T: 020 7861 4019, or
- E: firstname.lastname@example.org
Contact us on freephone 0800 358 3848
Or start your claim online.
Fieldfisher is: ‘a firm full of the highest quality lawyers in the field' and has an 'outstanding depth of expertise’ - Legal 500 2015, Awarded Top Tier
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher's Personal Injury and Medical Negligence solicitors are proudly listed as 'Super Lawyers' in both on-line and off-line printed publishings.
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Fieldfisher are signatories of the Ethical Marketing Charter demonstrating our commitment to responsible, transparent and professional marketing.
Fieldfisher has been named as the winners of the Legal 500 United Kingdom 2015: *Claimant Clinical Negligence Award*. Testament to our expertise.
Fundamental errors in midwives training risks the lives of more babies
The Times reported yesterday that during the inquest of baby Billy Wilson, who died at three-days old, the midwife in charge of Billy's mother, Carla, at Pinderfields Hospital in Wakefield did not know how to use the CTG machine.
Christina Gardiner highlights worrying similarities in baby death investigations
The number of baby deaths at the Countess of Chester Hospital draws worrying parallels with one of our own cases regarding substandard medical care provided at Watford General Hospital.
Surgeon Ian Paterson's case proves private hospitals need proper regulation
Following the conviction last month of rogue surgeon Ian Paterson, the Royal College of Surgeons has rightly called for a review of the way private hospitals are regulated.
To prevent mistakes, the government must not ignore the stats on birth injuries
The alarming figures revealed by the BBC this week detailing the number of mistakes routinely occurring in maternity wards around the country must be taken very seriously by the Government.
The Sun reports on Keith Barrett's case of Richard Giles, who died after being electrocuted when his lorry hit 11,000 volt cables