The High Court has ruled that a 20 year old mother died because a hospital failed to admit her following a check-up and treat her with the medication that could have saved her life.

David Carter claimed that his wife died as a result of negligence on behalf of the Basildon Hospital, part of the Basildon & Thurrock University Hospitals NHS Foundation Trust. The court heard that his wife Elaine had given birth and then returned home the following day. Their newborn baby was in a special care unit so Mrs Carter returned to the hospital over the next few days.

Six days after giving birth, she complained during a post natal check-up that she was suffering from headaches in the mornings. Despite this she was allowed to leave the hospital.
Mrs Carter died the following day of cerebral venous sinus thrombosis. She left two sons, newly born Bradley and Jamie who was nearly three at the time.

The Trust admitted a breach of duty in not admitting Mrs Carter but argued that nothing could have been done to prevent her death and so the negligence made no difference.

However, the High Court ruled that if Mrs Carter had been admitted following the check-up and received treatment then, on the balance of probabilities, she would not have died. It was the failure to provide treatment that caused her death.

Mr Carter is seeking damages on behalf of himself and his two sons. There will now be further discussions to decide on the level of compensation.