Liverpool Women’s Hospital NHS Foundation Trust has issued a full apology and stressed that critical lessons have been learned following serious maternity care failings, which resulted in a child suffering severe brain injuries at birth.
The apology comes as part of a formal admission of liability in a legal case brought by Thompsons Solicitors on behalf of the family of a young girl, referred to as TUV, to protect her identity, who was born at Liverpool Women’s Hospital in April 2019.
The Trust has also sent a letter of apology to the family, in which the Deputy Chief Executive admitted that both the baby and her mother, WXY, were “entitled to a higher standard of care” than they received.
WXY was admitted to Liverpool Women’s Hospital at 41 weeks pregnant to be induced. She was later discharged at approximately 5:00 pm, and instructed to return once she was in established labour.
However, she returned to the hospital just two hours later, at approximately 7:00 pm, struggling with her symptoms and showing signs of distress, but was discharged again without further monitoring or treatment.
Later that night, she returned to the hospital, where her baby was born in poor condition, requiring immediate resuscitation and therapeutic cooling. TUV now lives with multiple severe disabilities affecting her cognitive and physical functions. She requires 24-hour care and will never be able to live independently.
Following TUV’s birth, WXY instructed Thompsons Solicitors to investigate her care.
Her legal team argued that WXY should have been admitted when she returned in distress at 7pm, and that further monitoring – particularly a CTG, which is used during pregnancy and labour to monitor fetal heart rate and uterine contractions - would have revealed the baby was in distress, which would have led to an earlier delivery.
The Trust has since acknowledged that these failures directly contributed to the serious injuries suffered by TUV, with the letter of apology to the family saying that “mistakes were made by the Trust which resulted in [TUV] suffering a brain injury during the labour and delivery period”.
In the letter, the Trust expressed deep regret for the “devastating impact” the failings have had on the family and provided assurances that new measures have been introduced to prevent future incidents.
These include changes to risk assessments and counselling processes for women with additional risk factors who opt for induction of labour, with CTG recordings of babies’ heart rates now performed on all women who return to the maternity unit during the process of outpatient induction of labour.
Additionally, women who return to the maternity unit with signs of labour but who are not yet in established labour are advised to transfer to the inpatient induction of labour pathway and remain in hospital.
Commenting on the Trust’s admission of liability and apology, Tanzeela Aslam from Thompsons Solicitors’ clinical negligence team in Manchester, said: “We appreciate the Trust’s full and frank apology and the reassurance that crucial lessons have been learnt. However, nothing can undo the catastrophic impact on the family, and they continue to deal with the consequences of these tragic failures.”
Thompsons Solicitors has secured an interim payment for the family, enabling them to access vital care, therapies, and specialist equipment for TUV and find suitable accommodation that will meet her complex needs. A hearing is scheduled for later this year to determine the evidence required to assess the full compensation necessary to support TUV’s lifelong care.
Tanzeela from Thompsons added, “Having received an admission of liability from the Trust, we are pleased to have also secured an interim payment. This is important in helping the family access the support and rehabilitation that TUV urgently requires.
“We remain committed to securing a fair settlement for TUV, one that truly acknowledges the significant challenges she and her family will face throughout her life.”
The Trust’s letter concluded by acknowledging that while no apology can undo the harm caused, they hope their actions demonstrate a commitment to improving care.
Speaking following the hospital’s admission of liability, WXY said that while she viewed the apology as a positive step forward, she still feels ‘very let down’ by the care she received.
She said: “The injuries that my daughter sustained during her birth are going to impact every single aspect of her life, for the rest of her life. It’s been incredibly hard coming to terms with the fact that more could and should have been done to protect us both, and while the apology is welcome, it is ultimately too little too late.
“I really hope that lessons have been learnt, as the Trust suggests, to make sure no one goes through what we have moving forward.”
Speaking to other mums who may be in a similar position, WXY urged them to ‘make sure their concerns and worries were taken seriously’ and to ‘push for a second opinion’ if they weren’t being heard.
She went on to stress that whilst the compensation that TUV has received will make a significant difference to the care, rehabilitation and equipment she desperately needs, it would ‘never make up for the difficulties she will face throughout her life’.
David Knifton KC from Exchange Chambers, representing the family, added: “I am delighted that the family have finally achieved a just outcome in this case. The distress caused by the undoubted failures in maternity care was compounded by the Trust’s delays in addressing the claim.
“Fortunately, as a result of the firm stance taken by the Claimant’s legal team, the Trust has now admitted liability in full. As a result, the claim can be progressed towards finalising the substantial compensation required to address the Claimant’s lifetime needs.”