Our client, Julie*, experienced what had been a largely normal pregnancy. Because her previous baby had been very small, it was planned that she would have regular growth scans to monitor her baby’s development throughout the pregnancy.
However, at a consultant appointment around seven months into her pregnancy, the decision was made to discontinue these scans. From that point onward, Julie’s baby’s growth was monitored only through regular tape measurements at her midwife appointments. Julie continued to attend her regular appointments. Throughout this time the size of her bump fluctuated, including being smaller than expected at 8 months.
Six days before her due date, Julie attended hospital for her planned caesarean section. When she arrived, she told staff that she that she wasn’t sure if her baby was moving normally and asked for his heartbeat to be checked. Sadly, when the midwife checked for a heart beat she could not find one. Shortly after, a consultant confirmed that her baby had sadly died.
Julie’s son was born later that day. He was smaller than expected, confirming that he had experienced growth restriction in the womb.
Investigations
The hospital conducted an investigation, asking a doctor from a different hospital to prepare a report on what had happened. These reports found that Julie’s growth scans should not have been stopped. They also concluded that when there had been concerns during her midwifery appointment that her bump was smaller than expected, a scan should have been performed.
Julie contacted Enable Law for legal support to help her get answers and accountability from the hospital. We wrote to the hospital asking them to accept responsibility for what had happened. The hospital admitted that the scans should have been performed, and if they had, Julie’s c-section would have been brought forward, and it would have taken place before her son died.
How Enable Law helped
Through sensitive negotiation, we were able to reach an early settlement, ensuring Julie and her family could access the support they needed as they began to rebuild their lives. The hospital also issued a letter of apology. Whilst no settlement can undo Julie’s pain, it means that she and her family can access the support they needed as they begin to rebuild their lives. Julie also plans to establish a charity in her son’s memory, providing support and guidance to other bereaved parents and raising awareness about the importance of monitoring fetal growth.
Nicola Rawlinson-Weller, who represented Julie, said ‘The death of Julie’s son had and continues to have a devastating and far-reaching impact on her and her family. Julie wanted to raise awareness about what had happened to her, to ensure that no other parents have to go through the same thing. I am in awe of her bravery and commitment to the process. Whilst no amount of money can change what has happened, her drive to use the money to create something positive is inspiring’.
Our specialist baby loss team is here to help
Enable Law has a specialist baby loss team where we have helped many families who have suffered a stillbirth or neonatal death. 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.
*not her real name
