A mother who developed life-changing complex post-traumatic stress disorder (PTSD) after preventable sepsis has received a settlement of more than £3 million from an NHS Hospital Trust.
The Trust admitted it failed to give her the antibiotics its own guidelines required after surgery to remove a retained placenta.
Ringrose Law’s Medical Negligence team and barrister Jemma Lee of Serjeants’ Inn Chambers represented her in the postnatal sepsis negligence claim.
How missed antibiotics led to postnatal sepsis
In December 2017, our client gave birth to her second child at home. After the birth, she had a retained placenta, which means the placenta and membranes stayed within her uterus. She went into hospital, where surgeons operated to remove it.
Staff gave her a single dose of antibiotics in theatre. However, nobody prescribed a further course after the operation.
Some placental tissue remained in her womb. Eight days later she developed sepsis, a life-threatening reaction to infection. She went back into hospital, where she needed intravenous antibiotics and care on the High Dependency Unit.
Following her discharge our client suffered a gradual deterioration in her psychological health. By August 2018, her anxiety had become so severe that she spent three months in a Mother and Baby Mental Health Unit. She has since needed several further psychiatric hospital admissions as a result of her symptoms.
Doctors diagnosed her with complex PTSD. They found that her sepsis admission, and her fear that she was going to die, directly caused it.
In 2019, she contacted Ringrose Law for advice.
How we proved the Trust’s negligence caused her PTSD
Megan Whitaker and Victoria Lyon led the investigation. First, they set out to establish whether her care had fallen below an acceptable standard.
Proving the Trust’s care was negligent
We instructed a Consultant Obstetrician and Gynaecologist. They concluded that:
- The Trust should not have agreed to a home birth, because our client had also had a retained placenta after her first child was born
- The Trust’s own guidelines required a five-day course of antibiotics after surgery to remove a retained placenta
- With that course of antibiotics, she would have avoided the sepsis that developed eight days later
Linking the negligence to her psychiatric injury
We also instructed a Consultant Psychiatrist to consider whether our client had suffered a psychiatric injury as a result of the breaches of duty.
They confirmed that the sepsis admission and her fear of dying caused her complex PTSD.
How the Trust responded
We sent the Trust a Letter of Claim, a formal document setting out what went wrong and how it had affected her.
In its Letter of Response, the Trust admitted that;
- It had failed to give the correct antibiotics, and
- That she wouldn’t otherwise have developed sepsis.
However, the Trust didn’t at first accept that this failure caused her psychiatric injury. So we started court proceedings to move the claim towards trial.
Once the Trust had instructed its own psychiatric expert, both sides were able to concentrate on the value of the claim.
The case settled at a Joint Settlement Meeting. This is a formal negotiation where both legal teams meet to try to agree a settlement without going to trial.
How complex PTSD changed our clients’ life
Before her injury, our client had worked hard to become a specialist dentist, a career she loved. She has not been able to go back to work, and her employer judged that she was unlikely ever to return to her role.
She still has serious difficulties with her memory, periods of very low mood, suicidal thoughts, and her illness has put a great strain on her closest relationships.
The psychiatric expert expects that she may need further hospital admissions. It’s also unlikely that she will ever fully recover from her complex PTSD.
The negligence affected far more than her health. It took away her career, her independence and her ability to plan for her family’s future.
What the £3 million settlement covers
The settlement of more than £3 million reflects the life-changing nature of her injuries. It includes provision for:
- Professional care and support
- Loss of future earnings and pension
- Future medical and psychiatric treatment
- Equipment, activities and hobbies that may help her manage her symptoms
Every case is different, and the value of any claim depends on its individual circumstances.
What our legal team said
Megan Whitaker, Senior Associate at Ringrose Law, said:
“This case highlights the devastating impact that simple failures in medical care can have on a patient’s life. Our client has suffered immensely during a period of her life when she should have been able to enjoy raising her young children.
“The loss of her career was particularly devastating and resulted in a significant loss of identity, alongside the profound impact that her psychiatric injury has had on her everyday life and relationships.
“Although her symptoms will never fully resolve, we’re pleased that the Hospital Trust has acknowledged the significant impact that the negligence has had on her life. The settlement provides our client with financial security and access to the support she needs as she begins to rebuild her life with her young family.”
Jemma Lee, Barrister at Serjeants’ Inn Chambers, said:
“This was one of the most complex psychiatric injury claims I have seen arising from obstetric care. The extent of the injury, and its impact on our client, her husband and their young children, was profound.
“Throughout the case, careful steps had to be taken to ensure that our client was able to engage fully with the process, and that discussing the claim did not itself become a further triggering event for her.
“The Trust recognised our client’s vulnerabilities and adopted a sensible approach to settlement following the instruction of its own psychiatric expert. This was welcomed and appreciated in a case of such sensitivity. The constructive approach of both parties enabled the focus to be directed properly to the quantum matters in issue.
“This was, however, a life-changing psychiatric injury with devastating consequences for our client and her family. It is hoped that the settlement will provide the security they need to move forward and to manage her injuries as well as possible into the future. The focus now will be on ensuring that our client has access to the treatment, support and stability she needs as she and her family take the next steps forward.”
Have you been affected by failures in maternity care?
Harm caused by medical care doesn’t always end with the physical injury.
Trauma, anxiety and PTSD can affect your work, your relationships and how you care for your family. You may be entitled to compensation for psychiatric harm, as well as for physical injury.
However, time limits apply.
You usually have three years to start a claim, starting from the date of the negligence or from when you first realised you had been harmed by it. Different rules apply to children and to people who lack mental capacity. It’s worth getting advice early, even if you’re not sure you have a claim.
Getting started is simple:
- Talk to us. Have a free, confidential conversation with a member of our Clinical Negligence team.
- We look into what happened. We’ll review your medical records and explain your options and how a claim could be funded.
- We handle your claim. We work with independent medical experts and keep you informed at every stage, at a pace that suits you.
If you are struggling with your mental health, you can call Samaritans free at any time on 116 123.
