A WOMAN who lost her twins to stillbirth due to “failings in care” at York’s hospital trust has launched a bid to change the law on statutory bereavement awards.
York and Scarborough Teaching Hospitals NHS Foundation Trust has since apologised for failings in care which led to the stillbirth of Louise Prashad’s son and daughter in 2016, which also resulted in her requiring a liver transplant.
Louise’s twins, named Mia and Leo, were born still at 37 weeks and three days. After weeks in York Hospital, Louise woke to be told she was not on the maternity ward, her children were no longer alive and that she had received a liver transplant with no prior medical issues.
“Our whole lives changed forever,” said Louise, 28, who lives in York city centre.
Apologising for the “failings in care”, a spokesperson for the York trust said: “We would like to reiterate our sincere apologies to Mrs Prashad. We truly regret that failings in the care provided during her pregnancy resulted in the stillbirth of her twins in April 2016.
“All incidents of this nature are taken extremely seriously and are fully investigated. Any learning is incorporated into the patient safety processes within the trust, with the aim of preventing the likelihood of similar incidents happening again.”
After losing her babies, Louise then received the news that she and her husband, Max, 33, could not claim the statutory bereavement award, worth more than £15,000, as the babies were not 'born' - they were stillborn.
Louise said: “We were told that statutory bereavement award could not be awarded because the law rather unsympathetically does not class a stillborn baby as a legal person.
“How can you admit to causing a death where there was apparently no birth?
“No amount of money could ever compensate for the wrong doing, but it would serve as an acknowledgement.”
A statutory bereavement award is a type of compensation that is available to certain family members when their loved one dies following negligence.
The laws state that if a baby is born and takes one breath once the umbilical cord is cut and then dies, the parents of that child would be entitled to claim the statutory bereavement award. But, if a baby is stillborn, then the parents cannot claim any money as the baby dies before the umbilical cord is cut.
Now, by starting a petition requiring 10,000 signatures, Louise is aiming to change this “outdated” law.
She said: “I am asking Parliament to consider the fact that, but for the negligent act of a third party, the parents of a stillborn baby bringing a claim would have been parents. A life has been taken and they have been bereaved of that right. Therefore, the statutory bereavement award should be available.”
To view and sign Louise’s petition, visit: https://bit.ly/3xKDYqD
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