A maternity staff failure to recognise CTG abnormalities during labour led a baby boy to suffer a severe brain injury, hearing loss and reduced life expectancy. Unable to manage his own affairs, he needs one-to-one care for life.
The equivalent of £16 million in compensation was won for the now 14-year-old’s injuries sustained at birth.
What Is an Abnormal CTG?
Cardiotocography (CTG) is a continuous recording of an unborn baby’s heart rate, used throughout pregnancy and during labour to assess its wellbeing and identify possible complications at an early stage. An abnormal CTG may show a heart rate that:
- Is higher or lower than 110–160 beats per minute
- Does not slightly fluctuate, but stays the same for extended periods
- Does not accelerate during contractions
- Decelerates outside of a contraction, occurs late in a contraction or lasts beyond a contraction
NICE Guidelines for Interpreting CTG Abnormalities
The National Institute for Health and Care Excellence (NICE) recommends that medical professionals categorise CTG results as normal, suspicious, pathological or requiring urgent intervention. This should be done as part of a full assessment of the mother’s and baby’s condition.
- Normal: The CTG scan shows that all four features (contractions, baseline, variability and decelerations) are white, rather than amber or red.
- Suspicious: Any one of the features appears amber.
- Pathological: Any one of the features appears red, or any two appear amber.
- Need for urgent intervention: The CTG indicates symptoms of acute bradycardia or a prolonged deceleration lasting more than 3 minutes.
Depending on the exact CTG results, maternity staff may act by:
- Escalating to a senior midwife and obstetrician
- Conducting further assessment for possible causes
- Making non-invasive interventions, such as repositioning the mother
- Performing foetal scalp stimulation
- Testing for foetal acidosis through scalp blood sampling
- Performing an instrumental delivery or an emergency caesarean section
Unrecognised Abnormal CTG in Labour
The claimant (C) was delivered normally at around 33 weeks of pregnancy, but had loose muscles at birth, which is a sign of brain damage in newborn babies. The CTG readings caused concern at various times during the labour, yet the delivery proceeded to a normal vaginal delivery.
C’s parents later met with a consultant obstetrician who disclosed that there had been CTG abnormalities that had gone unrecognised in the lead-up to delivery. The CTG trace had also been discontinued one hour prior to delivery. The consultant admitted that had there been appropriate recognition of the CTG abnormalities, C would have been delivered earlier by caesarean section.
Making a Brain Injury at Birth Claim
As a result of his brain injury at birth, C requires constant care and will never be able to live a normal life with a steady income. After gathering evidence and claiming compensation from the responsible healthcare professionals, the solicitors involved won the equivalent of £16 million. This very large settlement was paid as an initial £6,592,312 lump sum, though the compensation also includes payments under the following conditions:
- Until he is 19 years old, C will receive £50,000 per annum for future care and £17,000 per annum for future case management.
- Thereafter, C will receive £135,000 per annum for future care and £15,264 per annum for future case management.
Within the settlement, a figure of £240,000 was allocated to what is called ‘General Damages’, i.e. the part of the award that relates to pain, injury and suffering.
You Could Claim Compensation for a Brain Injury Sustained at Birth
If you or one of your loved ones has suffered similar harm due to medical negligence, you are entitled to claim compensation for a brain injury at birth. If you lack mental capacity, a litigation friend can act on your behalf. Under a Conditional Fee Agreement, where you have nothing to lose, our friendly team of legal specialists would be happy to help you make a claim. Please contact us today to arrange a no-obligation consultation.
