Having a bit of a back and forth elsewhere. They said this is regards to this incident.
There are ‘mucky’ aspirates recorded prior to 9pm - it’s possible what was visible is the aspirate.
I've refreshed myself with the facts for baby E's case.
So they agree the mum visited at 9pm, because that nursing note was recorded for the
9pm feed. In fact mum says she got there a touch before 9pm and saw the bleed which must have happened just prior, given the screaming of the baby.
Feeding chart:
For the 9pm milk feed LL recorded
'omitted' and
‘discarded’ is recorded in a non-specific line. For aspirates the note
‘16ml mucky’ is made. (electronic evidence)
There are no witnesses (barring a nursing note written by the accused) to a mucky aspirate that night. Not one. There are however many witnesses to blood and bleeding.
It’s also possible that the defense version of mum visiting the unit twice - before 9 and again around 10 (that’s what LL has recorded in the notes) is accurate. Yes mum made a call to dad just after 9 which lasted 4 minutes
I wonder why they say defense version is mum visiting
before 9, and not what LL actually wrote: "
at start of shift". Mr Myers says this means
8pm.
Maybe something to do with acknowledging the absurdity of mum attending to cares at 7pm, leaving and coming back in the middle of her dinner, to do it for a second time in an hour, at a time when no need for another nappy change, or should I say output, is recorded in LL's nursing notes.
Yes mum did make a call at
9.11pm, and Dad says that was when Mum was upset and worried about the baby bleeding.
but there was a 2nd call around 10.30 that the prosecution haven’t provided a length of call for - following this call, dad set off to the hospital as concerns had clearly been escalated.
Yes, the mum's phone made a second call to the dad's phone at
10.52pm. Testimony is the mum doesn't remember the call because it was the midwife speaking to the dad. Dad says the call was split between his wife and the midwife and the midwife said 'don't panic but get over here now'.
This accords with LL's nursing note which says further blood had been obtained "
by 11pm" and baby was starting to desaturate and was given oxygen and he was "
beginning to decline".
Doctor Harkness's notes for that review say baby was crying, making good respiratory effort but baby was deteriorating and oxygen requirement had gone up. At
11.28-11.30pm Dr Harkness wrote prescriptions for the planned intubation.
This also accords with the midwife's notes which the media reported as "mum was post-natal well" and one of the twins had "
deteriorated slightly". (which we see was in the clinical notes
before 11pm). The next line in the midwife's statement says midwife received a call from the neonatal unit at
11.30pm asking mum to go down in 30 minutes as E had a bleed and required intubating "
very poorly".
Mum and dad testified this took place after the unit the midwife to provide an update and suggest they go to the unit - but the midwife, & LL’s notes say this call didn’t take place until 11.30. How did mum & dad get an update if mum didn’t visit the ward around 10 as documented in the notes?
Neonatal unit must have provided an update a first time,
before the 11.30pm call, because midwife had recorded in her notes "
deteriorated slightly" and nothing about the "very poorly" that she noted after the 11.30pm call.
The midwife's statement said there were two midwives on the post natal ward. It's possible the other midwife took the first call, or that the mum called down to the unit for an update and spoke to a nurse.
If mum visited the neonatal unit at 10pm, she would have been reassured because the doctor was not overly worried at 10pm, and she would have been told the plan of action was to administer antibiotics, and baby was alert and pink at that time, and not crying, so why would she have been panicked and told her husband he was bleeding from the mouth. It also doesn't accord with waiting nearly an hour until 10.52pm to call her husband.
Unfortunately, mums testimony isn’t 100% reliable and the prosecution using the 9pm call to back up the timeline is fairly weak, when they allowed the midwife an agreed evidence statement saying she got the call from neonatal at 11.30.
Unfortunately someone is making 100% crass comments (IMO) and the prosecution using the mum's 9.11pm call to back up the timeline, and the midwife receiving a call from the neonatal unit at 11.30pm, is right on the nose, and a very good indication of who the reliable witnesses to the events are. (IMO).