A North Yorkshire woman whose baby died two days after birth is taking legal action over claims the disgraced surgeon Richard Neale refused to carry out an emergency caesarian operation, despite the pleas of a midwife.

The mother of two, who does not wish to be identified, says she has decided to bring the action against the Northallerton Health Trust - Neale's employer when he worked at the Friarage Hospital in the town - because of her concern that other women may have suffered the same experience from Neale.

Her solicitor, Simon John, senior partner with Norfolk firm, Cunningham John, which represents about 60 former patients of Neale's, said if the allegations were proved they would represent the worst case of obstetric malpractice he had seen.

Previous claims made against Neale have involved his work as a gynaecologist, but Mr John said he would not be surprised if other complaints were now made about his work as an obstetrician.

He said in traumatic cases like this people often did not consider that a mistake could have been made, particularly if they had been reassured about what had happened. "You simply can't bring yourself to address such a thought," he added.

Mr John said he had been told in this case that a bedside machine which registers the heart rate of a baby in the womb had shown a worrying fall which had then risen only gradually.

If that happened medical staff should be considering emergency action, but it had been alleged in this case that this had gone on for four hours and a midwife had asked Neale to act, but nothing was done.

The baby was born naturally, and died two days later after suffering fits.

Mr John said the woman said she had called him after speaking to staff at the Friarage and going through her medical notes.

Her mother was also present during the events of the birth 12 years ago.

Tony Bruce, chief executive of Northallerton Health Trust, told our sister paper, The Northern Echo: "I can't comment on the details of individual cases, but clearly the death of a newborn baby is an absolute tragedy, more so if it was avoidable.

"Clearly, if there are any ladies who have concerns about the treatment they received at the Friarage Hospital then they should make contact with us. I can assure them that their concerns will be treated honestly, openly and sympathetically."

North Yorkshire Police spokesman Tony Lidgate said they were still looking into matters surrounding Neale, adding: "At the moment we are monitoring the case to see if there could be criminal matters that should be investigated."