Medical Negligence Lawyers Join Couple In Calling For Lessons To Be Learned Following Basildon Hospital Care Issues

A mum has revealed how she had to deliver her baby boy stillborn at 39 weeks’ gestation following a Hospital Trust’s “missed opportunity” to take action, despite a scan showing he hadn’t grown in three weeks. 

Holly Gisby returned to Basildon Hospital for an ultrasound scan on 28 July, 2023, after being sent home hours earlier. The 37-year-old had attended the maternity triage unit the night before concerned she was experiencing pain and had experienced leaking fluid for four weeks. 

Scans show baby Albie hadn't grown for 22 days and reduced amniotic fluid

The scan found the estimated weight of her baby, Albie, was the same as when measured 22 days earlier. It also found amniotic fluid – which protects babies – was reduced. No movements of Albie were recorded, an NHS commissioned investigation report seen by expert medical negligence lawyers at Irwin Mitchell said. 

Holly, of Hockley, Essex, was classed as a high-risk pregnancy because she had delivered her daughters – Daisy and Chloe, aged eight and six – via emergency caesarean. During her pregnancy with Daisy there were concerns over baby’s movements and she was found to be small for gestational age. During her second pregnancy, Holly also experienced leaking fluid.

Holly sent home from Basildon Hospital without face-to-face registrar examination

Following tests, including monitoring of Albie’s heartrate, Holly was told she could go home. After the mum-of-two pushed for a second opinion a registrar reviewed the ultrasound. However, Holly was sent home without a face-to-face examination. 

Once home Holly continue to experience pain. She called the hospital that evening asking for a further review. However, this was rejected because her scan had already been reviewed by a registrar obstetrician earlier that day. 

At 9pm the following day – 29 July – Holly called the maternity triage unit saying she couldn’t feel Albie moving. She was told to attend hospital. Shortly after arriving, Holly and husband Lee, 35, were told Albie had died. Tragically, this was just three days before Holly had been booked for a caesarean section on 1 August, 2023. 

Holly had to deliver Albie by caesarean around 20 hours later, on 30 July. He was 39 +1 weeks’ gestation. 

Hockley couple asks medical negligence lawyers to investigate following baby Albie's death 

Following Albie’s death, Holly and Lee instructed expert medical negligence lawyers at Irwin Mitchell to investigate the family’s care and secure answers. 

Holly has now joined her legal team in calling for lessons to be learned. It comes after an investigation report commissioned by Mid and South Essex NHS Foundation Trust, found missed opportunities in the family’s care. Investigators identified care issues which “were likely to have made a difference to the outcome for baby Albie.”

Georgina Brammer is the expert medical negligence lawyer at Irwin Mitchell representing the family.

Expert Opinion

“This is a truly tragic case in which worrying issues in the maternity care Holly and Albie received have been identified by the Trust commissioned report.

“Understandably Holly and Lee remain devastated by the events that unfolded and Albie’s death. What should have been such a happy time for the family we believe ended in unnecessary heartache.

“Sadly through our work we continue to see too many families who have been left trying to pick up the pieces as a result of issues in maternity safety.

“We urge the Trust to learn lessons from the issues identified to prevent other families having to endure the pain Holly and Lee are going through.

“Patient safety should be the fundamental priority and we continue to campaign for improvements in maternity care.” Georgina Brammer

Investigations find issues around family's maternity care at Basildon Hospital

Following Albie’s death, tests, including a post-mortem examination, found he died from late onset intrauterine growth restriction - when a baby in the womb does not grow as expected - as a result of an infection. 

The investigation commissioned by Mid and South Essex NHS Foundation Trust found areas that were likely to have made a difference to Albie. These included: 

• A “missed opportunity” to advise Holly to take aspirin – which can help improve circulation of fluid to a placenta - during her pregnancy because of her history of delivering a small baby.

• A “missed opportunity to take appropriate action” following the ultrasound scan on 28 July which showed Albie hadn’t grown for three weeks, there was reduced amniotic fluid, no movements of baby were seen and Holly had returned to hospital.

• A “missed opportunity” to invite Holly for an assessment once she was sent home on 28 July and called triage complaining of pains, especially as she had two previous C-sections. 

A separate report by the Healthcare Safety Investigation Branch also found that as Holly didn’t have a face-to-face registrar review there was no assessment “of all the risk factors”. This may have changed her and Albie’s care plan.

The use of a computerised machine to monitor Albie’s heartrate when Holly was complaining of contractions was against the manufacturer’s recommendations. This meant the assessment was unreliable and “did not provide reassurance of the baby's well-being,” the HSIB report found. 

Holly reveals family's devastating loss

Holly said: “It’s almost impossible to find the words to describe what the last year or so have been like. When we found out we were expecting we were overjoyed and couldn’t wait to welcome Albie into our lives. We felt it would make our family complete.

“Initially I felt reassured that my pregnancy seemed to be proceeding without much alarm. However, that all started to change in those final weeks. I was leaking fluid and kept suffering what I thought were contractions. However, each time I tried to raise concerns or visited hospital, it felt like I wasn’t really being listened to. 

“Even after being told Albie hadn’t grown for three weeks I was made to feel like I was a burden on the hospital. Deep down I feared something wasn’t right but even despite pushing for second opinions and further reviews, I as left feeling like the medical staff weren’t interested. 

“Despite this, nothing prepared us for the news Albie had died. We were distraught and then having to deliver Albie just added to the distress.”

Holly and Lee fundraise to buy cold cots and support charity Abigail's Footsteps

Since Albie’s death Holly and Lee have taken part in fundraising events, including the London Landmarks Half Marathon and organising a family gala, in aid of the charity Abigail’s Footsteps. 

Funds raised have helped buy cold cots for hospitals. The refrigerated cots allow bereaved families to spend more time with their babies than would otherwise be possible. 

Holly said: “We’d never heard of a cold cot before what happened to us. However, following Albie’s death, because of a cold cot, we spent three days creating memories and introducing Albie to family. Daisy and Chloe got to meet and spend time with their baby brother. 

“While we’d never want any family to find themselves in a similar position, we’ll forever cherish the precious time we got to spend with Albie before we had to say goodbye. 

“Losing a baby is just the start of it. There is a long and painful bereavement process. We can’t thank the charities who supported us following Albie’s death for the empathy and compassion they showed our family. 

“Fundraising is our way of trying to give something back and help other families who may need support.” 

Find out more about Irwin Mitchell's expertise in supporting families affected by maternity care issues at our dedicated birth injuries section. Alternatively, to speak to an expert contact us or call 0370 1500 100.

More on the family’s fundraising can be found on their Just Giving page.