Case ongoing at time of writing (May 2025)
What has happened so far? The Claimant suffered two avoidable stillbirths, the first as a result of an excessively traumatic and lengthy delivery and the second as a consequence of a uterine rupture. The first would have been avoided with an appropriate uterine incision which, had it occurred, would have significantly reduced the risk of the uterine rupture in the subsequent pregnancy.
Had the first caesarean section been performed to an acceptable standard – with a classical incision made, rather than an inverted T-shaped incision – on a balance of probabilities, the second caesarean section would have been avoided and the claimant would have gone onto deliver a healthy son at term.
Proceedings have been issued and liability has been denied.
Temple was asked and agreed to provide ATE insurance for the claimant from adverse costs and disbursements in the event they are not successful with their claim.
Matter value: £50k.
Team members involved: Matthew Best – Director ATE Partnerships.
