Posted by James Millar Craig, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Corporate manslaughter charge following young mum’s death
An NHS trust is to be charged with corporate manslaughter in the first case of its kind.
The Crown Prosecution Service (CPS) has confirmed that Maidstone and Tunbridge Wells NHS Trust will have to face criminal charges in relation to the death of a young primary school teacher three years ago.
Frances Cappucini, aged 30, died in Pembury Hospital following an emergency caesarean section in October 2012.
A subsequent inquest heard that Ms Cappucini had wanted to give birth by caesarean to begin with, but had been reluctantly persuaded to change her birth plan.
When complications arose, medical staff were forced to perform an emergency procedure and the mother-to-be suffered heavy bleeding. A few hours after giving birth to her son Jack she suffered a cardiac arrest and died.
Following a lengthy investigation, the CPS has decided to press ahead with the landmark legal proceedings. A trial is expected to be held at the High Court next year.
Corporate manslaughter was made an offence eight years ago. During the intervening period, the number of prosecutions has been limited, with most of the cases brought against small owner-managed companies.
This case is the first time that an NHS trust has been charged with the offence.
At Royds, our personal injury team has a wealth of experience representing both claimants and defendants in respect of actions against NHS trusts and clinical negligence claims. For more information please visit or email James Millar Craig.
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