Compensation secured for avoidable emergency caesarean

Posted: 17/09/2012

Penningtons Solicitors LLP has secured compensation of £14,000 for a 26 year old Hertfordshire woman for the physical and emotional distress she suffered as a result of complications during the birth of her first child.

Having gone into labour, the woman was admitted to the Princess Alexandra Hospital in Harlow where her labour progressed slowly and it was decided that she should be given Syntocinon, a drug that stimulates the uterus. The attending midwife mixed up her IV lines causing an overdose of Syntocinon which went unnoticed for eight minutes. She suffered immense pain, her baby went into distress, and she had to be rushed to theatre for an emergency caesarean section.

Since the birth, she has struggled to come to terms with the events of the birth and is seeking help from her GP. Fortunately, her baby was delivered in a good condition and was not harmed.

Penningtons’ clinical negligence team obtained a copy of the hospital’s investigation report which acknowledged a number of failings in the care provided and resolved to take steps to ensure that the same thing did not happen to other women. On the basis of this report, Penningtons considered that there was sufficient evidence to succeed in a claim for compensation and so wrote to the hospital to outline its allegations. The NHS Litigation Authority (NHSLA) responded early on behalf of the hospital and admitted the errors in the care provided to the woman.

Said Philippa Luscombe, Penningtons partner: “The hospital apologised for the distress it had caused and accepted that its actions had caused some harm to our client. It offered her £10,000 to settle her claim and we were able to increase the offer to £14,000 to cover the cost of any private therapy that our client may undertake.

“We were pleased with the outcome for our client and the sensible and sensitive approach that the NHSLA took to settle this claim.”

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