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First time mother’s case highlights the need for good pregnancy advice for prospective parents

Posted: 29/08/2012


One of Tommy’s ongoing campaigns is to promote awareness of the need for access to information during pregnancy through its Five Point Pregnancy Plan. This provides advice on the five key health messages particularly relevant to pregnancy: nutrition, weight, exercise, smoking and mental health in pregnancy.

The clinical negligence team at Penningtons Solicitors LLP supports the charity’s work to fund medical research into the causes of premature birth, stillbirth and miscarriage as it frequently has to handle claims for damages after something has gone wrong during pregnancy with often tragic consequences.

Says Alison Johnson, clinical negligence associate: “If parents do not have access to the information and advice that they need, particularly during a first pregnancy, it can be an anxious and difficult time. Statistically and tragically, one in four pregnancies ends in miscarriage; an extremely emotional event for both parents and one that can take a long time to get over.”

Late diagnosis of polyhydramnios results in traumatic birth

The clinical negligence team is currently investigating the circumstances in which a first time mother had a very difficult pregnancy, becoming very large and quite unwell in her last trimester. She experienced difficulty breathing, reduced mobility as a result of swelling in her legs and feet, and a huge amount of stress. She had shared care from her GP, her midwife and her consultant and all three simply reassured her that she was having a large baby and she should try not to worry.

She was made to feel that she was an over-anxious mother and just needed to relax even though she felt that something was wrong. Even when she needed crutches to get around, she was still given the same advice and no-one appeared to take her concerns seriously.

Ultimately, her sonographer picked up the problem and diagnosed that she was suffering from polyhydramnios; an excess of amniotic fluid. Her baby was in a breech position, as can often be the case with the condition, and was delivered by caesarean section. Her baby had an oesophageal abnormality, stopped breathing after birth and required emergency resuscitation. This was again extremely distressing for her parents to witness.

If the polyhydramnios had been picked up earlier in the pregnancy, it may have been possible to treat the condition with medication and by draining the fluid. This may have reassured our client and reduced her anxiety and discomfort. Further, if the team caring for her had considered the cause of the polyhydramnios, they may have looked for a fetal abnormality in her baby before she was born. The parents could then have been advised of their baby’s condition and properly prepared for her birth. They may also have decided to have her at a larger hospital with appropriate SCBU facilities as this would have avoided transferring the baby to the specialist unit as was ultimately the case.

It is sad that the lead up to the birth of their first child was a very stressful time for our clients and that the failure to diagnose her symptoms until very late into her pregnancy has resulted in the family seeking legal advice. We will investigate the standard of care given during the pregnancy and look closely at what information and advice they received.


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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

Penningtons Manches Cooper LLP