Claim against Bradford Teaching Hospitals NHS Foundation Trust
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Elline Demetriou
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High-risk pregnancy following previous miscarriage
Osbornes acted for a Claimant, C, in her birth negligence claim against Bradford Teaching Hospitals NHS Foundation Trust for negligent maternity care she received in 2021.
C, a young woman, fell pregnant in early 2021. She had unfortunately suffered a late miscarriage at 20+5 weeks the previous year and was classed as high-risk in her second pregnancy as a result. At her booking appointment an urgent referral was made to the pre-term birth prevention clinic but there was no capacity for C to be seen in the next 10 days. C was therefore seen by a consultant obstetrician who did not specialise in this area of obstetric medicine.
Failure to refer for cervical length scan
Cervical incompetence was considered a possible cause of C’s late miscarriage in 2020 therefore the plan was for C to have a cervical length scan at 16 weeks so that there could be an opportunity for suturing the cervix if required. However, a request for the cervical length scan was not made, neither for a follow-up ante-natal appointment.
Baby born prematurely
Just over 5 weeks later, in the 21st week of pregnancy, C went to the Maternity Assessment Centre with suspected rupture of membranes. On examination, it was noted that there was a risk of pre-term spontaneous rupture of membranes. Rescue cerclage was attempted however, whilst in theatre, it was deemed unsuitable. C remained in hospital and sadly went into pre-term labour two days later, delivering a live baby. Due to the baby’s extreme prematurity, resuscitation was not attempted and the baby sadly died shortly after birth.
C suffered severe psychiatric injury as a result of her late miscarriage. The Defendant Trust promptly admitted liability, negotiations subsequently settled the case and the NHS made a payout for compensation.
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