Mrs X’s claim was for damages, loss and personal injury arising out of a clinical negligence claim leading to the loss of her unborn baby at 36 weeks gestation in November 2001. Although liability was admitted the Defendant made no offer to settle the claim. Not only did we claim for Mrs X’s’s pain and suffering we also claimed for her psychiatric injury for the additional injury she suffered for having to go through the labour of a still born child and coming to terms with the loss of her first child. The circumstances of the negligence were particularly harrowing insofar as Mrs X had sought medical attention and her concerns were dismissed.
The starting point in calculation of quantum in this case was the statutory bereavement award. Although strictly speaking a fatal accident as a fetus is not considered legally to have lived the statutory bereavement award was a starting point in our calculations.
Proceedings were issued due to the Defendant’s reluctance to put forward an acceptable proposal. We had obtained psychiatric evidence demonstrating a range of psychiatric disorders that our Client suffered from and a settlement of £15,000.00 was obtained.