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We acted for a mother who developed post-traumatic stress disorder after being wrongly told that her unborn baby had died just before her due date. In fact, her daughter was alive and was eventually delivered by emergency caesarean section.
This was a deeply distressing case involving failures in foetal monitoring, reliance on defective equipment and the negligent communication of catastrophic news. While the baby was ultimately born healthy, the psychological impact on our client was profound and long-lasting.
Our client was admitted to a London NHS Trust labour ward during her third pregnancy. During labour, CTG monitoring equipment malfunctioned for over an hour. No foetal heart rate was recorded during that period and the fault went undetected by staff.
When concerns were eventually raised, attempts were made to locate the baby’s heartbeat using a sonicaid device and an ultrasound scanner. No heartbeat was identified and our client was informed that her baby had died in utero.
Despite her repeated insistence that she believed her baby was still alive, she was told to prepare for the delivery of a stillborn child. In a state of acute distress, she left the hospital in an extremely distressed state and had to be later returned by the police. A caesarean section was performed in the early hours of the morning with the expectation that her baby had died.
Instead, she gave birth to a healthy baby girl.
Our client went on to develop clear symptoms of post-traumatic stress disorder, including flashbacks, nightmares, intrusive memories and ongoing anxiety directly linked to the events of the birth.
Subsequent internal investigation documents disclosed by the Trust revealed that the ultrasound scanner used during the assessment was not fit for purpose.
We were instructed to investigate whether the care provided fell below a reasonable standard and whether that negligence had caused our client’s psychiatric injury.
Our detailed review of the evidence identified serious systemic concerns, including the failure to identify and respond to malfunctioning CTG equipment, inadequate steps to confirm foetal death, reliance on equipment later found to be unsuitable, and the negligent communication of an incorrect and devastating diagnosis to expectant mothers.
We instructed an independent Consultant Psychiatrist who confirmed the diagnosis of PTSD and recommended trauma-focused therapy. This expert evidence was central to establishing causation and valuing the claim.
Alongside building the legal case, we ensured our client’s recovery remained a priority by investigating appropriate therapy providers and incorporating the cost of treatment into the claim. A comprehensive Letter of Claim was prepared, clearly setting out the breaches of duty and the psychiatric harm suffered.
Following strategic negotiations, we achieved a settlement for our client in the sum of £15,000.
Our client received compensation reflecting her pain, suffering and loss of amenity arising from PTSD, the cost of recommended therapy and associated financial losses. Importantly, resolving the matter without litigation to avoid further emotional strain and allowed her to focus on her recovery and family life.
Cases involving avoidable psychiatric injury following traumatic events require sensitivity, technical knowledge and a clear litigation strategy. This case demonstrates that we are committed to supporting clients in a sensitive manner whilst achieving outcomes that recognise both the legal and human impact of such events.
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