Hospital trust admits liability for avoidable stillbirth
Maidstone and Tunbridge Wells NHS Trust has admitted liability for the tragic stillbirth of a baby boy, following a series of errors and delays in care.
The Trust acknowledged a significant breach of duty and multiple failings that led to the loss of Punam Sood’s client Emma's first child in deeply traumatic circumstances. Key failures included the lack of early obstetric review, missed warning signs in the baby’s heart monitoring, and delays in providing urgent medical intervention.
Emma* chose to give birth at Maidstone Birth Centre, unaware that ambulance services were unable to consistently meet urgent category 1 response time, within 7 minutes, and that emergency transfers were often delayed. Had she been informed of this serious risk, she would have chosen a different birth location.
Emma went into spontaneous labour at 40+2 weeks and attended the birth centre, where her baby’s heart rate was already below normal. Despite signs of fetal distress and the presence of meconium, there was a delay in arranging an ambulance transfer. A later investigation by the HSIB found that the call for transfer could have been made 10 minutes earlier.
On arrival at Tunbridge Wells Hospital serious concerns about the baby’s heart rate and the presence of meconium were not escalated appropriately. No obstetrician reviewed the situation, and staff relied too heavily on heart rate monitoring alone, failing to follow hospital protocols that required a full medical assessment.
As the baby’s condition deteriorated, there were further delays in seeking help, and staff struggled to monitor his heart rate effectively. By the time an obstetrician arrived and delivery took place, it was too late. Despite resuscitation efforts, the baby was sadly pronounced dead at birth.
The Trust has accepted that the baby’s death could have been avoided with proper assessment and timely obstetric review upon arrival at the hospital. A clear management plan and appropriate action could have led to an expedited delivery and a different outcome.
Following the Trust’s admission of liability, Punam and her team will now work with NHS Resolution to assess damages for Emma. The claim will include compensation for psychiatric injury, past losses, a bereavement award, and any future losses.
*name changed
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