This case concerns a deeply tragic event in which a newborn baby died shortly after birth due to medical failures during labour. We supported the Pursuers through a medical negligence Court action, which ultimately settled for £200,000.
Background
The Pursuer was admitted to hospital late in her pregnancy after concerns about progressing labour. She was taken to the labour ward where medical staff commenced induction and monitoring. Throughout the evening and into the night, labour continued, but progress slowed during the second stage.
Despite signs that assistance was required, the baby’s delivery became prolonged. When the baby’s head eventually emerged, shoulder dystocia was detected. This was an obstetric emergency requiring swift action. Although a procedure was carried out and the baby was delivered, he showed no signs of breathing. Resuscitation efforts were initiated but were not successful, and the baby tragically died shortly after birth.
A postmortem later confirmed that the cause of death was perinatal hypoxia resulting from a prolonged second stage of labour.
The impact on the family
The loss of a child is devastating, and both Pursuers suffered profound emotional and psychological harm. They also experienced distressing circumstances following the delivery, including remaining in the delivery room for several hours witnessing police procedures that followed the death.
The Pursuers brought a claim under the Damages (Scotland) Act 2011, seeking recognition of their grief, sorrow, and the loss the child’s society and guidance. Both also suffered significant psychological trauma as a direct consequence of the events.
The legal case
It was argued that the clinicians involved failed to exercise reasonable skill and care in the management of labour. This included delays in recognising and responding to complications during the second stage and in the steps taken during delivery.
The case proceeded in the Court of Session as a medical negligence action. The Defender denied fault, but negotiations continued during the litigation process.
Settlement
Before the case proceeded to a full court hearing, settlement discussions resulted in the Defender agreeing to pay £200,000 to the Pursuers. This provided the family with financial recognition of the harm they suffered, allowing them to access psychological support and begin rebuilding their lives.
