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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8730
Experience:  I have been practising for 30 years.
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Do i have a case and what should i do? Due to being sent

Customer Question

Do i have a case and what should i do?
Due to being sent home feom hospital with wrong diagnosis our baby girl was born at home breech and lost her life. There is an investigation taking place at the hospital now. Where should i go from here?
Submitted: 7 months ago.
Category: Law
Expert:  Nicola-mod replied 7 months ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 7 months ago.
Hi Nicola,I am happy to wait as need as much guidance with this as possible.Thanks
Expert:  Nicola-mod replied 7 months ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  F E Smith replied 7 months ago.

I will try to assist you with this.

I’m sorry for your loss.

I apologise for the factual nature of my questions.

How long ago was this?

Have you already been to see a solicitor about this and if so, what was the outcome?

Do you have any proof or expert’s opinion yet which states that if you had been in hospital, it would not be a breach birth and that the child would not have lost its life?

Detailed background is really useful. Thank you

Customer: replied 7 months ago.
She was born 17th may. I dont have a medical definition. However there is an investigation ongoing at the hospital. I have had no contact with a solicitor. You are the first i have spoke to.
I has felt pains on the 14th of may which continued into sunday so sunday i went into have me and baby checked over i called ahead and said i thought it was contractions. When i arrived before even getting monitored the had decided i had a urine infection. When i was shown to my room the midwife said so i believe you think you have a uti i replied no i have mothing to indicate a uti. However i was monitored and clearly baby was fine but the number and line graph showed tensing as in contractions. When i asked about this she said they were not big enough to worry about a uti causeing contraction like pain. So i then was givin antibiotics and sent on my way. They would not give me a examination for fear of starting labour.
The pain continued and got so bad i called to be told the antibiotics need time to work. Then on tuesday 5am i called to say i was coming in i wanted to push they then said they would call back when they called back my waters had broke n i couldnt walk forcing us to call an ambulance. Amy was born breach which we knew she was as she had been for some time. When we were in the hospital in the Sunday there was very little communication with us or between other staff.
If i had started to push earlier Amy could have been fine only i held off as was unsure and Amy got stuck because i had no contravtions left to push with. Had i been guided this would not have happened.
Hope this helpsJodie
Expert:  F E Smith replied 7 months ago.

Thank you Jodie.

I suggest that you see a solicitor that deals with clinical negligence matters and who would be able to deal with this for you on a no win no fee basis. It is certainly worth pursuing that. I must emphasise that they do need to be a specialist in clinical negligence matters and not just personal injury.

For there to be a claim, there has to be a duty of care, the duty must be breached, as a result of the breach, there must be injury or loss and the injury or loss must be reasonably foreseeable consequence of the breach. The injury or loss must be a direct result of the breach, something legally caused “causation”.

From what you have said, you have a good claim albeit a difficult one.

Whether your claim succeeds or not will depend on independent evidence from a Gyny consultant and the independent evidence saying that all the symptoms you experienced were wrongly or badly dealt with and that if it had been dealt with properly, then your daughter’s birth would have taken place normally without death or injury.

Without that evidence, your claim will fail. True, it appears that is the case but it does need that expert evidence that the hospital breached their duty of care and that the result of the breach was reasonably foreseeable.

Notwithstanding the result of the hospital’s investigation, I think it worth pursuing through a solicitor. Although I must emphasise, the medical evidence from a specialist (which the solicitor will arrange for you) is fundamental to a successful claim.

Can I clarify anything for you?

Please do not forget to rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes


Customer: replied 7 months ago.
Ok great thanks for all your helpJodie
Expert:  F E Smith replied 7 months ago.

I am glad to help. You should now see a rating button which will allow you to rate my service. We can still exchange emails if anything else crops up on this subject.

If you want to talk one-to-one about this, I would be happy to speak to you. I will submit a premium service proposal for you to consider. There is no obligation to take it up.

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