Personal Injury, Serious Injury & Clinical Negligence

Baby death following failure to deliver by Caesarean Section

Coroner Andrew Walker has sent a report to the Department of Health following the death of Kristian Jaworski, in June 2015, who died five days after his birth as a result of brain damage caused by a “prolonged and instrumental delivery”.

The Coroner stated that Kristian’s mother; Tracey Taylor, told medical staff that she required a caesarean as she had suffered complications following the birth of her first child three and half years earlier. However, there was a failure to record this in her medical notes and her requests were ignored during a difficult labour.

In this case the Coroner was of the view that there appeared to be a financial consideration for failing to offer the mother a C-section.

The North Middlesex University Hospital have accepted liability for Kristian’s death but not accepted that this was related to financial decisions.

Following Kristian’s death the Trust have advised that they have drawn up new guidelines about limiting prolonged instrumental delivery.

The Department of Health has 56 days to respond to the Coroner’s report.

Health Minister Ben Gunner has said “Treatment decisions in maternity care should always be made by clinicians in full consultation with women. These should be in line with NICE guidelines in terms of best practice.”

This case highlights the failure of medical professionals to listen a mother’s desire to give birth to her child in the manner she considers safest based on her previous experience.

If you or your family have been affected by the issues raised in this article and would like advice about a birth injury claim please contact Kerry.Fifield@clarkewillmott.com or a member of our Medical Negligence Team who have considerable experience in dealing with similar cases, or call us on 0800 316 8892 and one of our specialist lawyers will get back to you.