Royal Leicester Hospital admits failings in maternity care led to newborn’s collapse

We represent Daisy* and her family in relation to concerns about the care provided to her immediately after birth. Our investigation highlighted significant issues with the monitoring she received in the two hours following delivery, which resulted in her collapse.

Following ongoing denials of liability, University Hospitals of Leicester NHS Trust has now admitted full responsibility for Daisy’s collapse after their own experts say that the standard of midwifery observations fell below an acceptable level. As a result of maternity negligence, Daisy suffered a hypoxic ischaemic brain injury.

Case Summary of Maternity Negligence

Daisy’s mother had an uncomplicated pregnancy and went into spontaneous labour at 41 weeks, delivering Daisy in good condition at 07:17. In the two hours after birth, midwifery observations were conducted intermittently by various staff members.

At 09:20, medical records state that suturing was completed and that Daisy was “still breastfeeding” — a claim her mother disputes. She was noted to be awaiting weight check, temperature check, and vitamin K administration. At 09:30-09:32, the midwife and student midwife left the room.

Shortly after, Daisy’s parents noticed she was pale and unresponsive. They rang the emergency buzzer.

At 09:34, staff responded, and Daisy had no detectable heart rate. Resuscitation efforts commenced, and the paediatric team was urgently called. By 09:37, her heart rate returned to 100 bpm, and she was intubated at 09:40.

Legal Findings

Our expert analysis identified failures in maternity care that amounted to negligence — specifically the lack of timely and appropriate newborn observations. We argued that:

• There was a negligent failure by the midwives to undertake regular and appropriate checks of Daisy’s condition in the two hours following her birth.
• The medical notes contained negligent inaccuracies, particularly regarding whether Daisy was breast feeding at 09.20.
• A final check was not performed before midwives left the room.

Had proper checks occurred at 09:20 or before staff left the room at 09:30-09:32, Daisy’s collapse could have been detected sooner, preventing or reducing the extent of her brain injury.

Hospital Trust’s Initial Denial & Admission of Liability

The Hospital Trust initially denied liability forcing the family to commence court proceedings against them. However, following joint expert discussions:

• The Trust’s own paediatric neurologist agreed Daisy’s collapse likely began at 09:20 and the injury to her brain had not commenced by that time.
• Midwifery experts acknowledged that failing to detect her deterioration at 09.20 or 09.32 breached the midwives duty of care and if it had been detected resuscitation would have been immediately commenced.
• Neonatal and paediatric neurology specialists confirmed that earlier resuscitation at these times would have prevented or reduced her brain injury.

With this evidence, the Hospital Trust were forced to admit maternity negligence shortly before trial.

Securing Support for Daisy’s Future

This admission enables Daisy’s family to seek interim compensation to fund life changing care, therapies, and home adaptations. The financial support will provide the resources necessary to enhance her quality of life.

Charlotte Moore, Partner at CL Medilaw, comments

“The pain and sadness that Daisy and her family have endured over the last 10 years is incomprehensible. She was born a healthy baby girl, yet due to failures in maternity care, she now faces lifelong challenges. No amount of compensation or apologises are ever going to change the outcome.  The Hospital Trust’s protracted denial of this case, only to make a full admission of liability a week before a negotiation meeting and two months before trial, added to their worry and anguish.

Daisy is a happy little girl who is making the most out of life with the support of her loving family. I am pleased that we can now move forward and start making a difference to Daisy and her family’s life.

Thank you to Adam Weitzman KC of 7 Bedford Row for his assistance with the case, and our extensive and knowledgeable team at CL Medilaw who have worked on this case with me, in particular Lucy Metters and Matthew Heap.”

Daisy’s Parents Express Their Gratitude:

“Charlotte has been amazing, we couldn’t have managed without her. She took the time to listen to us, believe in what we were saying and guided us in a clear and supportive way. Her understanding and support helped to take away the stress, anxiety and strain. Now we can look forward to the future.

We would like to give a massive thank you to everyone at CL Medilaw for all their hard work and kindness, but especially Charlotte, as we would not be where we are today without her.”

*Names have been changed for confidentiality.