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£42,500 following neonatal death due to uterine rupture during labour

H C v Scarborough & North East Yorkshire Healthcare NHS Trust (2003)

FACTS

Mrs C had previously given birth by caesarean section.

During labour Mrs C reported uterine tenderness and pain despite having an epidural anaesthetic.

A caesarean section was undertaken for fetal distress.

It was discovered the uterus had ruptured and fetal hand had passed into the abdominal cavity.

HC was born in poor condition and died shortly after delivery.

BREACH OF DUTY

It was the Claimant's case that the obstetric team should be aware of the possibility of uterine rupture where the mother had a previous caesarean section.  That to ignore scar tenderness and in particular scar tenderness when an epidural was in place was negligent.  Further that the obstetricians did not act on signs of fetal distress.

It was the Claimant's case that proper care would have been to perform an emergency caesarean section much earlier.

CAUSATION

It was the Claimant's case that earlier caesarean section would have avoided HC's period of oxygen starvation and death.

OUTCOME

The hospital accepted responsibility for HCs death and compensation was agree at £42,500