Richardson vs Mid Yorkshire Hospitals NHS Trust

This case concerned a medical negligence claim brought by Mrs. April Rose Richardson against Mid Yorkshire Hospitals NHS Trust, involving complications during childbirth.

TLDR:

• Mrs. Richardson alleged negligent care during childbirth.
• The court examined the actions of the midwives and the hospital's adherence to guidelines.
• The court found in favor of Mrs. Richardson, establishing a breach of duty and causation.
• Mrs. Richardson was awarded damages for her injuries and suffering.

The claimant, Mrs. April Rose Richardson, fell pregnant with her first child and was admitted to the Defendant's antenatal day unit on 4 April 2016 for induction of labor due to reduced fetal movements. She was given a Propess Pessary to induce labor, and by the early hours of 5 April 2016, she was experiencing regular contractions.

During labor, Mrs. Richardson was transferred to the delivery ward, where she experienced significant complications, including a major post-partum hemorrhage and multiple tears, requiring surgery. The Claimant alleged that the care provided by the Defendant was negligent, leading to her injuries.

The court heard factual evidence from Mrs. Richardson, her husband, and her mother. The Defendant did not call any witnesses. Expert evidence was provided by six experts in midwifery, obstetrics, and psychiatry.

In determining breach of duty, the court applied the Bolam and Bolitho tests, examining whether the actions of the midwife would have been supported by a reasonable body of midwifery opinion. The court found that the midwife failed to instruct Mrs. Richardson to 'pant' during delivery, which would have slowed the delivery and reduced the extent of tearing.

On the issue of causation, the court found that the negligence materially contributed to Mrs. Richardson's injuries, including the tearing, hemorrhage, and subsequent pain and suffering. The court accepted the expert evidence that a controlled delivery would have resulted in less vaginal trauma.

Regarding quantum, the court considered the extent of Mrs. Richardson's injuries and the impact on her daily life. The court awarded general damages for pain and suffering, as well as special damages for the care provided by her husband and mother, and future psychological treatment.

Legal representatives: Ms. Leila Benyounes (instructed by Hudgells Solicitors) for the Claimant, Ms. Jasmine Chan (instructed by Hempsons LLP) for the Defendant.

Judicial Panel: HHJ Malek

Case Citation Reference: [2024] EW Misc 13 (CC)