Note: Names have been changed to protect our clients’ privacy.
Belinda and Rich are a couple from Newcastle who had worked hard to build a young family with two boys. However, Belinda always wanted a girl and so they were overjoyed when in 2023 Belinda became pregnant with a girl.
Unfortunately, early in the pregnancy Belinda was diagnosed with a short cervix, which placed her at risk of going into early labour.
Belinda was told that she needed a cervical cerclage to prevent her early labour. This is a procedure where a stitch is placed high in the cervix, holding it together. Belinda was told that this was her only option, and that she would need to be anaesthetised and undergo an operation.
During the operation to place the stitch, her left uterine vein was damaged and began to bleed. Unfortunately, those treating Belinda did not notice this during the surgery and sent her back to the ward with an active bleed.
When Belinda woke from the surgery, she was in excruciating pain, and entered what is known as hypovolaemic shock, a life-threatening condition during which the body does not have enough blood circulating. Belinda was taken back to the operating theatre for emergency surgery to repair her vein and remove the haemorrhaged blood.
Although the surgery saved her life, her baby could not survive and died in the following days. Belinda and Rich were forced to deliver their daughter, Olivia, who was still born. Both Belinda and Rich were heartbroken, and suffered from serious psychiatric injury. Belinda had suffered physically from the surgery and was bed-ridden for a number of weeks.
Belinda and Rich came to see us wanting answers as to why this had happened to them.
The Claim
We have represented many couples like Belinda and Rich. When they came to our firm, we agreed that something terrible had happened and that we would find out why. If we could prove that Olivia’s death was the result of negligent care, then we were confident that we could secure accountability and answers. If not, we could promise to help Belinda and Rich with answers to help their grieving and processing.
We agreed to act on a no win, no fee basis. Following obtaining the medical records, we were sure that the bleed must have been very serious, due to very quick progression to a life-threatening situation.
We secured a very eminent obstetrician who identified a number of shortcomings in the care provided to Belinda. He advised that there was another, less invasive, stitch available to treat Belinda’s short cervix and that this would not have resulted in her bleed. He also said that the bleed was so large that doctors should have repaired her damaged vein before sending her back to the ward. Crucially, this would have avoided Olivia’s death.
We provided legal advice to Belinda and Rich and began a claim for damages in the Newcastle District Court. We had them both assessed by a psychiatrist who was able to assess just how damaging their experience in losing Olivia in that way was.
During the claim, the Defendant served evidence from another obstetrician who said that, effectively, Olivia’s death was unavoidable.
Despite this setback, which usually happens in medical negligence claims, our lawyers were able to negotiate a very substantial financial settlement for Belinda and Rich, who were able to use the money to secure their first home and their family’s future. Belinda and Rich have since had another baby, Charlotte. While nothing will ever make up for what happened to Olivia, they are able to honour her memory by knowing that they have accountability for her death, and by securing their family’s future.
It is our privilege to represent people like Belinda and Rich.
If you’ve experienced birth trauma and believe something may have gone wrong with your care, contact our friendly team today for confidential legal advice.
