£92,500 for a claimant who lost her unborn child after a delayed diagnosis of appendicitis.


  • 2 December 2015: Our client was 16 weeks pregnant when she was admitted to the defendant trust hospital, complaining of abdominal pain and feeling unwell with diarrhoea and vomiting. There was no record of a working diagnosis, but she was admitted for IV fluids. 
  • 6 December 2015: Despite ongoing complaints of abdominal pain, she was discharged. She continued to suffer with pain at home and was unable to eat or drink anything without vomiting.
  • 8 December 2015: She was readmitted with vomiting. The working diagnosis was one of hyperemesis and dehydration. She was admitted for IV fluids.
  • 9 December 2015: Blood tests were arranged, and a surgical opinion was sought. She was seen by a Registrar and he noted that the pain increased in severity on coughing. An ultrasound scan showed fluid collection down the left side. An MRI scan was recommended. However, this was unable to determine the cause of the collection.
  • 12 December 2015: During a diagnostic laparoscopy, a ruptured appendix was noted. A drain was inserted to drain the fluid/collection, and she remained in hospital. Her condition continued to deteriorate.
  • 22 December 2015: Intrauterine death was confirmed. Her condition deteriorated further and she was transferred to the Intensive Care Unit prior to the induction of labour. A CT scan showed a collection of infected fluid which was drained under ultrasound guidance.
  • 23 December 2015: She was taken to theatre for a laparotomy and the baby was also delivered at the same time. She remained ventilated until 29 December. She was also treated for sepsis. She had to undergo at least two washout procedures in order to flush out the infection.
  • 21 January 2016: She was not discharged from the hospital until the end of January, after a period of being in an induced coma.  


A Serious Incident Investigation Report acknowledged various failures. 

The Trust admitted that appendicitis should have been considered as a differential diagnosis sooner and that this would, on the balance of probabilities, have led to earlier diagnosis and treatment. This would have meant she would have avoided the prolonged discomfort, level of septic complications, prolonged admission and the intrauterine death. She further suffered an adjustment disorder characterised by post-traumatic intrusion and anxiety symptoms.

Our client instructed Miriam Bi to support her through her legal proceedings, and she was awarded a £92,500 settlement.


If you have suffered medical negligence or mistreatment that led to a stillbirth or neonatal death, please get in touch today to speak to one of our highly-qualified solicitors about bringing a delayed diagnosis or birth injury claim. Our compassionate approach puts you first, and we are able to work the majority of our cases on a conditional fee agreement (also known as no-win, no-fee).

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We’ve handled many different types of medical negligence cases and provided expert advice for over 30 years.

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Our stillbirth and neonatal death claims expert:

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