Claimant awarded £30,000 after substandard treatment from Community Midwife

Clare Thompson, Partner in our Clinical NegligenceTeam at Hay & Kilner, acted on behalf of a Claimant after they received substandard treatment from their Community Midwife.

The Claimant’s first pregnancy was described as ‘low risk’ and bloods taken at booking detected that the Claimant had a Rhesus Negative blood group. Unfortunately, the Claimant was not informed of the results, and neither were they given an opportunity to discuss the implications that their rhesus-negative status may have on the pregnancy and any subsequent pregnancies. The Claimant attended an antenatal appointment at 16 weeks’ gestation and bloods were taken for maternal serum screening. There was a normal antenatal check at 19 weeks gestation and 24+2 weeks gestation. Routine blood tests were taken at 28 weeks and the blood report confirmed that the Claimant had a rhesus negative blood group and was suitable to receive Anti-D prophylaxis at 28 and 34 weeks’ gestation. There were further antenatal appointments at 31, 34, 36 and 38 weeks’ gestation.

At 38 weeks, the midwife noted that Anti-D was required and referred to the Claimant’s Rhesus Negative blood type. The Claimant stated that she was not aware of this blood type, and it was at this point that the midwife realised that the Claimant had not been sent for her routine Anti-D prophylaxis. The midwife admitted that she had ‘simply forgotten to do this’ and was ‘mortified’. The Claimant received 500 international units of Anti-D and was reassured that the late administration of Anti-D prophylaxis was not a cause for concern. The Claimant give birth to her son who was fortunately born in good condition but was noted to have a Rhesus Positive blood group.

The Claimant fell pregnant again several years later and her maternity care was provided by the same Community Midwife as that of her first pregnancy. Bloods were taken at the booking appointment, the results of which indicated that the Claimant had developed antibodies. At this point the Claimant was uninformed as to the implications of her Rhesus Negative blood type and what this meant for her and her unborn child and became very distressed.

On further investigation, it was confirmed that the Claimant received 500 international units 2 weeks before delivery of her first baby, and as she had delivered a Rhesus D positive baby, the Claimant received a further 500 international units, however her kleihauer test was less than 4ml so she did not require any additional Anti-D. The Claimant was extremely concerned about the implications of this, and her antibody levels were monitored throughout her second pregnancy. The Claimant underwent induction of labour at approximately 35 weeks’ gestation. Unfortunately, the baby developed haemolytic disease of the new born requiring phototherapy and a full exchange transfusion and a further subsequent blood transfusion. The Claimant was subsequently diagnosed with Post Traumatic Stress Disorder for which she underwent CBT therapy.

Clare was instructed by the Claimant to investigate a potential clinical negligence claim. Expert evidence was obtained from a midwifery expert and an expert in fetal medicine/obstetrics.

A detailed Letter of Claim was served on the Defendant alleging that there was a failure to inform the Claimant of her rhesus negative blood test result at her 16-week appointment during her first pregnancy, that there was a failure to document the blood results and a failure to offer prophylactic Anti-D immunoglobulin at 28 weeks and 34 weeks gestation (during her first pregnancy). Further, in the absence of negligence, the Claimant’s second born would have had a reduced risk of developing haemolytic disease and, as a result of the alleged negligence, the Claimant developed Post Traumatic Stress Disorder for which the Claimant received treatment.

Following receipt of the Claimant’s detailed allegations, the Defendant made a Part 36 offer to settle the case. This offer was rejected by the Claimant and following further negotiations, a settlement was agreed. The case settled for £30,000 plus costs.

The Claimant was extremely grateful for the professionalism and helpful guidance provided by Clare throughout the case.

If you know anybody who has suffered in a similar way, or you believe you have a potential claim, please do not hesitate to get in touch with Clareor a member of the Clinical Negligence Team on 0191 232 8345.