£70,000 secured for mother left with kidney injuries after negligent birth injury

The claimant, who had previously delivered her first child by emergency caesarean section, became pregnant again in 2019. After initially planning a repeat caesarean, she later agreed to attempt a vaginal birth under the care of the defendant Trust.

During labour, fetal monitoring was carried out but the cardiotocograph (CTG) traces were not correctly classified or acted upon in accordance with NICE guidance. Despite signs of maternal fever as well as fetal distress, there was a failure to speed up delivery, and when an attempted forceps delivery was unsuccessful there was no clear documentation as to why it was abandoned. Furthermore, the on-call consultant was not alerted and there was no attempt or record of manual fetal head rotation to assist delivery.

Following the failed instrumental delivery, a category one caesarean section was performed, and the baby was delivered safely. However, in the days that followed, the mother developed severe pain in the left side of her lower back, as well as vomiting and fever. She was readmitted to hospital and initially treated for pyelonephritis (a bacterial infection leading to kidney inflammation). Subsequent imaging revealed severe swelling the left ureter and kidney. A stricture (narrowing) to the left ureter was suspected restricting the flow of urine.

The case was investigated on the basis that had the claimant’s child been delivered sooner, a caesarean section at the end of the second stage of labour (when she was fully dilated) would have been avoided. This would have reduced maternal risk for complications such has severe bleeding and bladder/ureteric injury.

As a result of the negligence, our client sustained permanent damage to her left ureter, requiring prolonged treatment and repeated hospital admissions. She underwent multiple invasive procedures, including nephrostomy insertion and placement of a J-stent, as well as extensive imaging and urological follow-up.

She continues to experience persistent pain in the left side of her lower back and has been left with visible abdominal scarring. The ongoing pain and physical limitations have affected her daily life, including her ability to work and care for her children. She has also suffered from psychological distress, for which she is receiving cognitive behavioural therapy (CBT) and occupational therapy.

Following instruction of RWK Goodman’s specialist maternal injury team, expert evidence from an obstetrician and urologist was obtained and a claim was brought against the defendant NHS Trust. The allegations focused on:

• inadequate fetal monitoring during labour;
• incorrect classification and interpretation of CTG traces (contrary to NICE guidance);
• failure to expedite delivery despite pathological signs; and
• failure to escalate to the on-call Consultant;

The case was settled out of court for a total of £70,000, reflecting compensation for pain, suffering, and loss of amenity, past care and assistance, loss of earnings and ongoing medical treatment.