Reflecting on a Preventable Tragedy: Securing Justice for a Heartbreaking Stillbirth
As the Partner and Founder of Patient Lawyer, I frequently represent families navigating unimaginable grief. Recently, I had the solemn privilege of securing a five-figure out-of-court settlement for an East Midlands couple whose first child was tragically stillborn in early 2020.
While no amount of financial compensation can ever replace a child, this claim against the University Hospitals of Leicester NHS Trust was rooted in a profound need for accountability and a desire to protect future families from similar systemic failures.
A Cascade of Clinical Failures
Early in her pregnancy, the mother was diagnosed with low PAPP-A, a hormone indicator that carries a known risk of fetal growth restriction. To monitor the baby’s health, NICE guidelines mandate monthly ultrasound scans from 26 weeks.
Despite the pregnancy initially progressing well, a severe breakdown in the Trust’s maternity care pathway began at 38 weeks:
- A Missed Vital Scan: The mother was never offered her 38-week ultrasound. Alarmingly, an investigation later revealed a backlog of over 100 appointment forms—a systemic issue the Trust had kept on its risk register since March 2018.
- A Cancelled Midwife Check-up: At 39 weeks and 4 days, her community midwife appointment was cancelled due to staff sickness. The mother was falsely informed that no alternative appointments were available for six days, despite investigators later confirming a midwife had been available to see her.
- Dangerous Medical Advice: At 40 weeks, the mother called the Maternity Assessment Unit reporting reduced fetal movement. In direct contradiction of national guidance, she was told to drink a cold beverage and wait 30 minutes before calling back. Tragically, by the time she was assessed at the hospital later that day, her baby had passed away.
Bridging the Gap: Proving Causation
The Healthcare Safety Investigation Branch (HSIB) conducted a review that highlighted these severe administrative and clinical errors, but they were unable to legally determine if these mistakes directly caused the stillbirth.
To secure justice for my clients, I instructed leading independent Obstetric and Midwifery experts to thoroughly investigate the standard of care. Our evidence was unequivocal. We proved that:
- Had the 38-week ultrasound taken place, or
- Had the community midwife measured her bump (symphysis-fundal height) at the cancelled 39-week appointment…
…a critical drop in foetal growth would have been identified. This would have triggered an immediate induction of labour, expediting the baby’s delivery and saving his life.
Achieving Accountability
Confronted with our irrefutable expert evidence, NHS Resolution formally admitted full liability on behalf of the Trust. They acknowledged the breach of duty and conceded that their failings directly led to the stillbirth.
The psychological impact of this loss on both parents has been profound and devastating. For this couple, recovering damages was never about the money. By pursuing this clinical negligence claim, we forced the Trust to confront its dangerous administrative backlogs and unsafe triage advice, ensuring vital lessons are learned so that no other family has to endure this preventable heartbreak.
Seeking Advice Following a Stillbirth
If you or a loved one has experienced a stillbirth and you are concerned that there may have been failures in maternity care, Patient Lawyer’s specialist Clinical Negligence team can investigate your concerns and advise you on your options.
Contact Patient Lawyer today to discuss your circumstances and find out how we may be able to help.
01455 712 551