£32,500 recovered for psychiatric injury resulting from a still birth

We have recently settled a case on behalf of a woman from Margate who gave birth to twins in April 2008, one of which was sadly still born.

There had been no problems during the pregnancy until just prior to the expected delivery date. Our client was admitted to hospital and the twins were monitored. However, despite some worrying results from the monitoring, the doctor in charge of their care failed to recognise clear signs of distress and failed to organise an emergency caesarean section on 3 April 2008. In fact, she even over-ruled the decision of her junior colleague who thought that a caesarean section should be performed that evening.

Unfortunately, no caesarean section was performed, and by the morning of 4 April 2008 the heart beat of the second twin could not be heard. An emergency caesarean section was at last performed, but the second twin was still born, having died during the night.

Our client, as a result of the loss of one of her children, suffered a psychiatric injury.

The East Kent Hospitals University NHS Foundation Trust did not formally admit liability for the failings, but settled the case swiftly for £32,500.

Alex Tengroth, who had conduct of the mater, commented:-

“This was a very sad case, even more so given the young age of my client and because this was her first pregnancy. This was an occasion which ought to have been one of the most joyful experiences of my client’s life, but as a result of the Trust’s negligence she will not be able to look back on this fondly in years to come.

I am pleased that the Trust did not seek to prolong this case any further than was necessary, and hope it was of some comfort to her that significant failings in the treatment provided were identified within the Trust’s own internal investigation, and were then admitted within the complaint process, even though legal liability was not formally admitted during the course of the claim.

Everybody at the firm is extremely pleased at the outcome, and we all wish my client well in her recovery and for the future.”