2nd February 2026 – Our client, a 32-year-old woman from Folkestone and first-time expectant mum, attended the William Harvey Hospital Ashford, Kent twice in the late stages of her pregnancy concerned about the wellbeing of her unborn child.
In early April 2018 when 39 weeks + 3 days she presented with a second episode of Reduced Foetal Movement (RFM) which should have been a cause for concern. The midwife she saw conducted a CTG of baby’s heartrate and assessed it as being normal whereas in fact it was suspicious. There was no medical review and examination by a doctor. An inadequate history was taken in relation to the RFM. No Ultrasound Scan (USS) was offered. Our client was discharged home.
When she re – attended in mid-April at 41 weeks with a bleed she was again seen by a midwife when she should have had a full medical review. A bleed at such a late stage in the pregnancy should have mandated her being offered an Induction Of Labour (IOL). Instead, she was again sent home.
In the early hours of the following morning, she called the Maternity Unit to report contractions and a show. She was advised to stay at home. When she called the unit again at 05.25 the contractions had stopped.
There were no further movements in baby then, this causing our client to become increasingly concerned across the course of the day.
At 21.35 she phoned the Maternity Unit again, reporting that there had been no foetal movement since 05.00 that morning.
Back at the hospital baby’s heartbeat could not be found upon examination and an USS confirmed his passing in utero.
Our client had to deliver her baby stillborn by IOL with complications of an episiotomy and shoulder dystocia.
Following the ordeal our client knew, instinctively, that her treatment had been substandard. She felt, in
particular, that she had not been listened to properly.
She discussed the matter informally with the Trust and then raised a formal complaint but sub – standard of care was denied.
Following Dr Bill Kirkup’s Report into its maternity services, however, the Trust commissioned an Independent Clinical Review of our client’s case in April 2019 with the reviewing team finding serious failings in relation to both our client’s attendances.
Following that review, the Trust’s Chief Executive, Tracey Fletcher, wrote to our client in June 2023 apologising, profusely, and unreservedly, for the failings in care identified by the Review.
Our client instructed Fairweathers shortly afterwards.
We secured all the relevant medical records, then wrote a detailed Letter of Notification on behalf of our client and her family in June 2024 relying on the Review findings.
This was met by a Letter of Response, sent by the Trust in March 2025, denying liability for breach of duty. Despite this, at the same time, they offered to settle the case in the sum of £15,000.
We found it extraordinary that the Trust saw fit to deny the claim, under the pre action protocol, despite the earlier admissions and apologies.
We instructed an expert obstetrician who confirmed that there were substandard failings in care, as identified by the Review team, which failings constituted negligence.
We sent the Trust a Letter of Claim relying on that further analysis in May 2025
We also had our client was fully assessed by a psychiatric expert who advised that, due to her ordeal, she had suffered with trauma and moderately severe depression which is ongoing.
The case was ultimately settled in the sum of £50,000, pre-issue, without the need for Court proceedings, based on the assessment by our psychiatric expert.
No account was taken by us for any suggestion of litigation risk on account of the bogus arguments raised by the Trust within its Letter of Response.
Initially the case was dealt with by our Francesca Beach then, in its later stages by Nick Fairweather, who commented as follows:- “It makes me despair that this Trust can ever truly learn lessons from its mistakes when they look to defend a case like this. Thankfully, wiser counsel prevailed ultimately, and the case was capable of being brought to a relatively early conclusion. I pay tribute to my client for the strength courage and integrity she has displayed throughout. She knew that she had got a poor level of care and continued to fight for justice for her, her husband and their son. No amount of money can even begin to put right the pain loss and suffering that my client has been through. I do hope, however, that she can feel truly proud of how she has fought for justice in this case and that the compensation will make things easier for her going forward allowing her to draw a line under the litigation and move forward with her life, whilst always remembering her son as I know she will.”
Our client commented:- “My husband and myself would like to thank Nick and his wonderful team for their compassion, understanding and fighting for what is right in justice for our son and believing in us. We urge families who have also been through this horrible ordeal like us to come forward and tell their story. The NHS can’t keep treating families this way and getting away with it”
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