Coping with the Heartbreak of Stillbirth: Understanding Your Rights and Support in England and Wales Losing a baby through stillbirth is one of the most devastating experiences any parent can face. If you have suffered the pain of stillbirth, our hearts go out to you during this incredibly difficult time. The emotional and physical toll can feel overwhelming, and the journey ahead may seem uncertain. While no words can heal such a profound loss, understanding why this may have happened and exploring your options may provide some clarity and support as you navigate this painful chapter. We understand how deeply sensitive and difficult this subject is, and we are here to support you. In this article, we discuss the steps you can take if you have concerns about the care you received. Please reach out whenever you feel ready, we have listed a baby loss information and support page here for further guidance. What is Stillbirth? In England and Wales, a stillbirth is defined as the death of a baby after 24 weeks of pregnancy but before or during birth. Unfortunately, around 3,000 stillbirths occur every year, with many happening unexpectedly. The reasons for stillbirth can vary, and sometimes, despite the best care, the causes remain unexplained. However, in some cases, preventable factors or medical negligence may have played a role. Why Does Stillbirth Happen? Stillbirth can occur due to a variety of medical reasons, some of which are unavoidable, while others may result from complications during pregnancy or labour. Common causes of stillbirth include: Placental Problems: The placenta may fail to provide sufficient oxygen or nutrients to the baby, leading to growth restriction and, in some cases, stillbirth. Infections: Maternal infections such as Group B Strep, or infections affecting the baby, can sometimes lead to stillbirth if not detected and treated in time. Umbilical Cord Issues: Problems with the umbilical cord, such as cord prolapse or knots, can cut off the baby’s oxygen supply, sometimes leading to stillbirth. Pre-eclampsia and Hypertension: High blood pressure in the mother can affect the blood flow to the baby and may increase the risk of stillbirth if not carefully monitored and managed. Diabetes: Gestational diabetes can raise the risk of stillbirth, particularly if it is not well controlled during pregnancy. Intrauterine Growth Restriction (IUGR): When a baby’s growth slows down or stops in the womb, there is an increased risk of stillbirth, particularly if the condition goes undiagnosed or untreated. When Might Stillbirth Be Due to Negligent Care? In some heartbreaking cases, a stillbirth may occur due to failures in the medical care provided during pregnancy or labour. If you have concerns that the care you or your baby received may have contributed to your loss, it is important to know that you are not alone, and there may be grounds for a clinical negligence claim. Here are some examples of where care might fall short: Failure to Monitor Fetal Movements A reduction in your baby’s movements may indicate distress or other serious issues. If medical professionals fail to properly investigate or act on changes in fetal movement, it could result in a preventable stillbirth. Delayed Diagnosis of Infections or Pre-eclampsia If infections such as Group B Strep or pre-eclampsia are not diagnosed or treated promptly, the risk to both mother and baby can increase significantly. Delays in diagnosing and treating these conditions may be considered negligent. Inadequate Monitoring During Labour During labour, continuous monitoring of the baby’s heart rate is vital to detect signs of distress. If the baby’s condition is not closely monitored, or if warning signs are ignored, the outcome can be tragic. Failure to Recommend Early Delivery In cases where the baby is not growing properly, or the mother’s health is at risk, medical professionals may recommend early delivery. If this recommendation is not made or acted upon in time, the baby may face further risks in the womb. Mismanagement of High-Risk Pregnancies Pregnancies where the mother has conditions such as diabetes, hypertension, or a history of complications require close supervision. If the risks are not managed appropriately, the baby may be at higher risk of stillbirth. How our team can help We understand that legal advice may be the furthest thing from your mind during such a traumatic time. However, if you feel that your loss could have been prevented or if you have questions about the care you received, we are here to offer support and guidance. Speaking with a compassionate legal team can help you gain clarity and understand your options, should you wish to explore whether medical negligence played a role in your baby’s death. At this time, you deserve compassion and care. We provide an empathetic and supportive service, offering advice that is sensitive to the emotional journey you are on. We understand that making a claim won’t ease the pain, but it can provide answers and ensure accountability where care standards have fallen short. Supporting You Through the Next Steps If you are considering pursuing a claim, our team can help you at every stage of the process. We will listen to your story, investigate the circumstances of your care, and consult with medical experts to determine whether mistakes were made. Above all, we are here to ensure that your voice is heard and that you receive the understanding and support you need. Please know that you do not have to go through this alone. Whether you simply need someone to listen or wish to explore your legal rights, we are here to provide the compassionate advice you deserve. Our goal is to help guide you through this difficult time with understanding, care, and support. Final Thoughts Losing a baby through stillbirth is an unimaginable tragedy, and no words can ever truly express the depth of that loss. If you feel that medical care may have played a role in your stillbirth, we are here to help. We will listen, guide, and support you every step of the way. You deserve answers, and you deserve care that puts you and your family first. Please reach out to us whenever you feel ready by requesting a callback on our website or calling 0191 691 3415. You are not alone, and we are here for you.
Complications in Treating Hip Fractures in the Elderly Understanding Medical Negligence in Hip Fractures Hip fractures in the elderly are a significant public health concern, particularly in England and Wales, where the ageing population is increasing. A hip fracture can be life-altering for older adults, often leading to severe complications and a marked decline in quality of life. While surgery is the most common treatment, the recovery process is fraught with challenges that can result in long-term disability or, in the worst cases, death. If you’re concerned about potential medical negligence in elderly care, click here to learn more about pursuing a claim. The Challenges of Treating Hip Fractures in the Elderly Hip fractures typically occur in elderly individuals due to a combination of factors like weakened bones (often from osteoporosis), reduced mobility, and an increased risk of falls. When an older adult sustains a hip fracture, timely surgical intervention is often necessary. However, even with surgery, several complications can arise, many of which are influenced by the patient’s age, pre-existing conditions, and overall health. Key complications in treating hip fractures in the elderly include: Delayed Mobility and Immobility: Post-operative recovery often involves a period of immobility, which can increase the risk of bedsores (pressure ulcers), blood clots, and pneumonia. Many elderly patients also find it difficult to regain full mobility, which affects their independence and increases the risk of further falls. Infections: Infections at the surgical site or complications from conditions such as urinary tract infections or pneumonia are common in older patients due to their weakened immune systems. Pre-existing Health Conditions: Many elderly patients have co-morbidities such as heart disease, diabetes, or respiratory conditions. These underlying issues complicate both the surgical procedure and post-operative recovery. Cognitive Decline: Conditions like dementia or delirium can worsen after surgery, leading to confusion and difficulties in rehabilitation. Cognitive impairments can also affect the patient’s ability to follow post-operative care instructions, which can lead to complications. Poor Bone Health: Osteoporosis, common in elderly patients, makes healing difficult, leading to slower recovery or even non-union of the fractured bone. In some cases, the bone may not heal properly, necessitating additional surgeries. Medication Complications: Older adults often take multiple medications (polypharmacy), and this can lead to adverse drug reactions or difficulties in managing pain and infection post-surgery. Mortality Rates Following Hip Fractures in England and Wales Hip fractures are associated with high mortality rates among the elderly. The National Hip Fracture Database (NHFD)(2023) collects data on hip fractures and outcomes in England and Wales, and the statistics paint a concerning picture regarding the survival rates post-fracture. 30-day mortality rate: Around 6-10% of elderly patients die within 30 days of sustaining a hip fracture. This rate reflects the immediate risks associated with surgery and complications like infections, blood clots, or heart problems. One-year mortality rate: The one-year mortality rate for older adults following a hip fracture is approximately 20-30%. This elevated mortality rate is influenced by the high prevalence of underlying health conditions, reduced mobility, and complications during recovery. Hospital readmissions: A significant number of patients are readmitted to hospitals within months of surgery, often due to complications such as infections, poor rehabilitation outcomes, or the progression of underlying conditions. These high mortality rates highlight the vulnerability of elderly patients with hip fractures, particularly those over the age of 85 or with multiple co-morbidities. Reducing Risks and Preventing Medical Negligence in Hip Fracture Treatment To reduce the risks associated with treating hip fractures in the elderly, it’s crucial that healthcare teams implement comprehensive care strategies: Early Surgery: Guidelines recommend that elderly patients receive surgery within 36 hours of a hip fracture. Delayed surgery increases the risk of complications such as infections, pneumonia, and blood clots. Multidisciplinary Care: The involvement of a multidisciplinary team, including surgeons, geriatricians, physiotherapists, and occupational therapists, can improve outcomes by addressing the patient’s full spectrum of health needs. Post-operative Rehabilitation: Effective rehabilitation, including physical therapy, is essential to help elderly patients regain mobility and independence. Programs that focus on early mobilization reduce the risk of long-term immobility and its associated complications. Bone Health Management: Osteoporosis screening and treatment are critical to improving bone health post-fracture and preventing further falls or fractures. Medications such as bisphosphonates or calcium supplements may be prescribed to strengthen bones. Prevention of Falls: Preventing future falls is crucial in elderly patients. This can involve home modifications, balance and strength exercises, and the use of assistive devices like walking frames. Pursuing a Medical Negligence Claim for Hip Fracture Hip fractures in the elderly are not just an orthopaedic emergency but a medical crisis that can lead to significant morbidity and mortality. In England and Wales, the mortality rates following hip fractures are sobering, with many elderly patients succumbing to complications within a year of their injury. The challenge lies in not only treating the fracture but also addressing the underlying health issues that exacerbate recovery difficulties. By providing comprehensive, multidisciplinary care and focusing on fall prevention, the risks associated with hip fractures can be mitigated. Families and caregivers play a critical role in ensuring that elderly loved ones receive the best possible care, including early intervention and support during rehabilitation. If you or a loved one has been affected by the topics discussed in this blog post, then don’t hesitate to reach out to our team of Medical Negligence Solicitors who are experts in this area.
Claim for Damages Following a Fall in a Care Home A Fictional Case Study* *This case study is used for illustrative purposes only Background An 85-year-old resident care home female resident suffered from advanced dementia and had been living at the facility for over two years. Due to her declining physical and cognitive condition, she was considered a high risk for falls. As part of the care plan specified for her, it was noted that she needed close supervision and appropriate fall prevention measures, such as bedrails, crash mats, and alarm sensors to alert staff if she attempted to leave her bed unaided. However, one night in March 2023, the resident fell from her bed during the night, resulting in a severe hip fracture. At the time of the incident, there were no crash mats in place, nor were there any bed alarms or sensors to notify staff of her movements. The fall went unnoticed until a care worker discovered the resident the following morning. The injured resident was taken to the hospital for surgery, but complications arose due to her age and frailty, significantly impacting her quality of life. The resident’s daughter believed the fall would have been entirely preventable had the care home followed proper safety protocols. After seeking legal advice the daughter decided to assist her mother to pursue a claim for damages against the care home for negligence, citing the failure to provide adequate fall prevention measures and a lack of supervision. Key Details of the Care Home Fall Claim 1. Breach of Duty of Care The claim was based on the fact that the Care Home had a duty of care to ensure the Resident’s safety and well-being, particularly given her high risk of falls due to her dementia. The care plan clearly identified the need for preventative measures, yet the care home failed to implement them. This breach of duty was the cornerstone of her claim. Specifically, the allegations included: Failure to Provide Supervision: The Resident had been left unsupervised for long periods, even though her condition required regular checks and monitoring during the night. Lack of Preventative Equipment: The care home did not use crash mats or motion sensors, which were essential safety measures given her risk of falling. These tools would have likely prevented the injury or alerted staff to her movements, allowing them to intervene prior to falling. Inadequate Risk Management: Despite being aware of the resident’s vulnerability, the care home failed to adjust her care plan to reflect her increased need for supervision and protection. 2. Medical and Emotional Impact The hip fracture sustained as a result of the fall required surgery, which led to a prolonged hospital stay and complications including a chest infection and decreased mobility. Before the fall, the resident had limited mobility but could walk short distances with assistance. After the surgery, her physical condition deteriorated significantly, and she became bedridden, and her cognitive abilities declined rapidly, and she became increasingly confused and agitated, further reducing her quality of life. The resident’s daughter had the emotional toll of watching her mother suffer was immense. She was deeply affected by the knowledge that the incident could have been prevented, and her mother’s final months of life were spent in pain and confusion due to the fall. 3. Basis for Compensation Compensation was sought for both special damages and general damages: Special Damages included the cost of medical treatment, hospital stays, and any additional care required after the fall, as well as the cost of modifying the resident’s care environment post-injury. General Damages were sought for pain, suffering, and the loss of amenity caused by the injury. The resident’s ability to engage in even basic activities had been taken away, and the decline in her mental and physical state after the fall was dramatic. Legal Outcome: Compensation for Care Home Falls In a case such as this the likelihood is that it would be settled in the Resident’s favour, subject to proving negligence and causation and loss. The care home should admit liability for the fall and acknowledge that they had failed to provide the appropriate level of care and had not implemented necessary fall prevention measures. Compensation included damages for the pain and suffering endured by the resident and the financial costs associated with her care and medical treatment following the fall. The care home also agreed to review and improve its fall prevention protocols, including the installation of crash mats, bed alarms, and increased supervision for high-risk residents. Conclusion As an example, this hypothetical case underscores the importance of care homes adhering to their duty of care, especially for vulnerable residents like those with dementia who are at high risk of falls. In this theoretical instance, simple and affordable measures like a crash mat and warning sensors could have prevented her injury. A settlement provides some closure for a family and Claimant, but it also highlights the need for care facilities to take more proactive steps to ensure resident safety. Families placing loved ones in care homes must be vigilant in ensuring that adequate risk assessments and fall prevention strategies are in place to avoid the many variations of tragic incidents explored here. If you or a loved one has been affected by the topics discussed in this hypothetical case study, then please get in touch with our team of Medical Negligence Solicitors who specialise in Nursing and Care Home Claims.