Our client, Lucy* was pregnant for the first time under the care of Nottingham University Hospitals NHS Trust, which is currently subject to an independent maternity review, led by Donna Ockenden.
For most of Lucy’s pregnancy, everything appeared to be progressing normally. However, at around seven months, concerns began to emerge. At a routine midwifery appointment, her bump was measured and plotted on her growth chart. However, the measurement showed that her baby’s growth was lower than expected and he was the wrong way up (breech).
At the next appointment, three weeks later, Lucy’s bump was once again measured. However, this was plotted in incorrectly on the growth chart. The midwife also believed that her baby was now facing the right way, which is head down.
Two weeks later (around eight months), Lucy became increasingly concerned about her baby’s position. She took photos of her bump to her midwifery appointment, as she thought it looked distorted and was concerned that her baby was still breech. Despite her concerns, the midwife did not look at the photos. Lucy’s bump was measured again and found to be small, and the midwife reassured Lucy that her baby was head-down.
Almost 2 weeks later, Lucy had symptoms of early labour. She attended a midwifery appointment the next day and told the midwife. The midwife examined Lucy and noted that her baby was the wrong way up (breech), and her bump was even smaller than expected. Attempts by two midwives to find a heartbeat were unsuccessful, and Lucy was told to attend maternity triage immediately.
Tragically, hospital staff were also unable to find her baby’s heartbeat, and an ultrasound scan confirmed that her baby had died. Lucy was induced the next day, and her son was sadly stillborn the day after.
Investigation at Nottingham University Hospitals NHS Trust
The hospital carried out an internal review, which identified several significant failings in Lucy’s care.
These included:
- A failure to refer Lucy for an ultrasound scan when her baby’s growth measured below expectations at around seven months, in breach of local clinical guidelines.
- Incorrect plotting of bump measurements on the growth chart, leading to a misleading impression of normal growth.
- A further failure to refer Lucy for a growth scan when the subsequent measurement again indicated reduced growth, contrary to the Trust’s escalation policy.
- A failure to acknowledge and act upon Lucy’s concerns that her baby might still be breech.
Overall, the review concluded that these combined errors represented missed opportunities to identify potential growth restriction and to intervene in time to prevent Lucy’s baby’s death.
Stillbirth negligence claim
Lucy approached Enable Law seeking answers about what had happened and justice for her son. Our team sent an early letter about the claim to the Trust, based on the clear failings identified in their own investigation.
Our case was that if Lucy had received the correct care, including appropriate growth scans and escalation to an obstetrician, her baby’s growth restriction would have been recognised. This would likely have led to an early delivery and the prevention of his death.
The hospital admitted that Lucy’s care was not in line with expected standards. However, they argued that it was impossible to say what a scan would have shown or whether intervention would have changed the outcome. Sadly, this is a common approach hospitals take in similar cases. After many discussions and with our full support, Lucy made the difficult decision to accept an early settlement. This outcome allowed her to access the help and emotional support she needed and to begin rebuilding her life while continuing her fertility journey.
Nicola Rawlinson-Weller, who represented Lucy said ‘It is always disappointing when a hospital acknowledges that mistakes were made, but won’t admit that these caused the baby’s death, particularly when they then make substantial offers to settle. However, I know that whilst the money cannot change what happened or bring Lucy’s son back, it can hopefully help her to rebuild her family, whilst never replacing her son, and create something positive in his memory’.
Our specialist baby loss team is here to help
Enable Law has a specialist baby loss team who have helped many families who have suffered baby loss. We know the devastating impact not properly monitoring or managing a baby’s growth can have. If you are worried that your baby’s growth may not have been treated properly, or if your baby died as a result of it, one of our experts would be happy to have a free confidential discussion with you and help you get answers on what may have gone wrong.
To have a free, confidential discussion with a member of our dedicated team call us today on 0800 044 8488 or fill in our contact form so we can get in touch with you at a time convenient for you.
*Name has been changed
