Supporting Families Seeking Answers After the Loss of a Baby: Clinical Negligence Claim

As Baby Loss Awareness Week approaches, beginning on 9 October, we are reflecting on the importance of supporting bereaved families to find answers, accountability and understanding following the loss of a child.

Shrdha Kapoor at Nelsons acted for a family following the death of their newborn son shortly after his birth at Queen’s Medical Centre, Nottingham, part of Nottingham University Hospitals NHS Trust. Shrdha supported the family through the Coroner’s inquest before pursuing civil claims arising from the circumstances of their son’s birth and death.

The case also formed part of the Donna Ockenden Independent Review into Nottingham’s maternity services.

Background

The baby’s mother had experienced an uncomplicated pregnancy and attended the maternity unit during the early hours of July 2023 after going into labour. On arrival, she was noted to have vaginal bleeding, a warning sign requiring careful assessment and monitoring.

Although continuous fetal heart monitoring was commenced, concerns later emerged regarding the interpretation of the monitoring, the escalation of concerns to senior clinicians and the management of the mother’s bleeding.

Over the following hour, there were signs that the baby was becoming compromised. The Coroner later found that opportunities to recognise those warning signs and expedite delivery were missed. When a profound deterioration in the baby’s condition was eventually identified, an emergency caesarean section was performed.

Tragically, by the time he was delivered, the baby had suffered a catastrophic loss of oxygen caused by placental abruption. Despite intensive neonatal treatment, he sadly died aged 18 days.

Inquest findings

A three-day inquest took place in 2024 at Nottingham Coroner’s Court.

The Coroner found that the baby’s death was avoidable and concluded that there had been a missed opportunity to deliver him earlier. On the balance of probabilities, he would likely have survived had delivery taken place sooner.

The Trust acknowledged shortcomings in the care provided during the inquest. For the family, obtaining answers and a clearer understanding of what had happened to their son was an important part of the process.

Claims process

Alongside the claim arising from the baby’s death, we represented his mother in a separate claim for the psychological injuries she suffered as a result of the traumatic events surrounding her son’s birth and death. Independent expert evidence confirmed that she had developed significant and ongoing psychological symptoms requiring treatment and support.

Following the findings made at the inquest, the Trust provided an early admission of liability. This helped the family avoid many of the more adversarial stages of the litigation process and allowed the claims to be resolved as sensitively and efficiently as possible.

The family also received a formal written apology from the Trust’s Chief Executive. For many bereaved families, acknowledgement of failings and accountability can be just as important as the legal outcome itself.

Outcome

Following detailed investigations and settlement negotiations, both claims were resolved without the need for court proceedings.

While no legal outcome can undo the loss of a child, the settlements provided recognition of what had happened and enabled the family to access ongoing support and treatment as they continued to navigate life after their bereavement.

Seeking answers after baby loss

The loss of a baby is an unimaginable tragedy. When there are concerns that mistakes in maternity care may have contributed to that loss, families are often find themselves searching for answers whilst coping with overwhelming grief.

Our role is not only to investigate whether care fell below an acceptable standard, but also to support families through inquests, investigations and legal claims with sensitivity, compassion and understanding. Every family’s experience is different, and there is no single right way to approach the search for answers.

By sharing this case study, we hope to encourage any family with concerns about the care they or their baby received to seek advice and support. Understanding what happened can be an important step in the grieving process and, for some families, may help provide a sense of accountability and closure.