Daniela* and her partner were delighted when they found out they were expecting their first baby. The pregnancy was straightforward, and they were looking forward to welcoming their baby girl into the world.
When Daniela was 41 weeks’ pregnant, she had a stretch and sweep to help encourage her labour to start. That night, her labour started.
Early the next the morning, Daniela went to North Bristol NHS Trust for observations. The observations recorded that she was 3cm dilated but progressing slowly. She was discharged home and told to come back later in the day. A few hours later, Daniela returned and was admitted to the Mendip Birth Centre.
Signs of distress that were not escalated
Daniela was monitored and went into the birthing pool for pain relief. Her baby’s heart rate was monitored routinely for about 1.5 hours.
When Daniela was in the pool, there were queries about whether the midwives could hear the baby’s heart rate. Daniela was taken out of the pool when it was noted that there was meconium. This is where a baby defecates in the womb and can be a sign that the baby is in distress.
Daniela was transferred to the Central Delivery Suite. On arrival, the team in the Delivery Suite weren’t told about the difficulty in hearing the baby’s heartbeat.
A CTG was started to monitor the baby’s heart. Daniela and her baby’s heart rates were noted to be very similar. This meant that the CTG reading was immediately suspicious. The midwife tried to attach a fetal scalp electrode (FSE) to the baby’s head as a clearer way of recording the baby’s heartbeat, but they could not get this to attach.
Unfortunately, no obstetric doctor was called to review the position and Daniela’s labour continued. There were multiple attempts to attach the FSE to the baby’s head and multiple concerns by the midwives about not being able to accurately pick up the baby’s heartbeat.
Daniela’s baby girl was born vaginally more than 1 hour after the first CTG was suspicious. Devastatingly, there was no sign of life and she was declared stillborn.
What the hospital’s reports revealed
Daniela received an HSSIB (Health Services Safety Investigation Body) report from the Trust 5 months later and a PMRT (Perinatal Mortality Review Tool) report after a further 3 months. Both identified multiple failings in Daniela’s care (including failure to call a doctor to review which would have led to earlier delivery) which were likely to have made a difference to the baby’s outcome.
Daniela came to Enable Law to find answers about what happened to her and her baby during her labour. As there were failings clearly identified both by HSIB and by the Trust itself, Claire Stoneman and Jennifer Janes sent a letter seeking early admissions to the Trust. Unfortunately, no response was ever received.
Pursuing accountability through legal action
Investigations were therefore carried out into the care Daniela and her baby received, including obtaining independent reports from an expert midwife and an expert obstetrician who both agreed that the care Daniela received was negligent and that her baby should have survived. A letter of claim was sent to the Trust setting out the allegations in full. After a further 9 months of waiting, the Trust finally responded and admitted they had made mistakes. However, they were still unwilling to admit that the substandard care had caused Daniela’s baby to be stillborn.
Claire and Jenny therefore took steps to start court proceedings against the Trust. However, before any formal court hearing, we were able to reach a settlement with the Defendant which, despite the Defendant never admitting that they caused the baby’s death.
How Enable Law helps
If you feel that something might have gone wrong during your pregnancy or labour, our specialist baby loss team are here to discuss this with you, support and advise. We support parents who have experienced avoidable harm before, during or shortly after birth. Our team listens, advises, investigates, and helps families secure answers and accountability. Most importantly, we approach every case with compassion and respect for what families have been through. To speak to Jennifer Janes or another member of our team, contact us on 0800 044 8488 or fill in our contact form so we can arrange to call you at a time convenient to you.
*Name has been changed
