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Woman awarded settlement following still birth

A woman whose baby died has been awarded £45,000 in a settlement following allegations of negligence

9 November 2015

Medical Negligence Solicitor Fiona Huddleston has settled a case for £45,000 on behalf of a woman following claims that the negligent ante-natal care she received led to the stillbirth of her baby girl.

The woman, known only as Mrs S to protect her identity, attended her 35-week appointment with her midwife who took a measurement of the fundal height, a measure of the size of the uterus used to assess fetal growth and development during pregnancy, but the midwife failed to make a note of it.

According to Mrs S, during the appointment the midwife informed her that the measurement hadn’t changed from her previous measurement but then assured her that there was nothing to worry about.

Mrs S also reported that her baby was moving less. Again the midwife assured her that this was fine and did not give her any advice as to monitoring the movements.

At 37 weeks Mrs S attended her last appointment with the midwife where no measurement was recorded and she was not given any advice regarding reduced movements. 8 days after the appointment, Mrs S noticed that her baby was not moving at all.

She attended hospital and a CTG was performed which sadly indicated that there was no fetal heart beat and her baby had died. Mrs S had to suffer the trauma of an induced labour. As a result of the hospital’s alleged negligence Mrs S suffered from psychiatric injuries.

Leigh Day investigated the case and claimed the midwife acted negligently in failing to record the fundal height measurement at the 35 and 37 week appointments and failing to suspect, with a view to excluding, intrauterine growth restriction.

Lawyers also claimed that the midwife also failed to advise Mrs S as to the significance of monitoring fetal movements.

If these steps had been carried out, Mrs S would have been referred for a scan which may have detected the small for gestational age baby and consequently could have prompted delivery.

Fiona Huddleston from the medical negligence team at Leigh Day, said:

“Sadly I believe that if these simple but fundamental steps of recording the fundal height and advising our client in relation to reduced fetal movements had been carried out, her baby could have survived.”

Mrs S said: “Thank-you to Fiona Huddleston for her professionalism during my case. Fiona was always sensitive and understanding and I am very grateful for all her efforts.

“I am very fortunate to have been recommended Leigh Day, losing my baby was devastating to me and my family. Through time our loss has become less raw and more gentle and this settlement will help us repair our lives and move forward.”

Count the Kicks is an organisation whose aim is to inform prospective Mums and Dads about their pregnancy and answer questions.

They advise: ALWAYS call the midwife...

  • If you notice a change in your baby's normal movement patterns
  • If you have any itching or a rash
  • If you have a temperature or fever
  • If you have any pain including headaches
  • If your vision becomes blurred or you see colours or patches
  • If your hands or feet become swollen or painful
  • If you have any fluid loss or bleeding
  • If you have pain passing urine
  •  If you have a "bad feeling" or feel uneasy in anyway


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