'Doctors told me it was against the rules to save my premature baby'

By Vanessa Allen and Andrew Levy
Last updated at 7:58 AM on 09th September 2009

Doctors left a premature baby to die because he was born two days too early, his devastated mother claimed yesterday.

Sarah Capewell begged them to save her tiny son, who was born just 21 weeks and five days into her pregnancy  -  almost four months early.

They ignored her pleas and allegedly told her they were following national guidelines that babies born before 22 weeks should not be given medical treatment.

Enlarge   Sarah Capewell, mother of Jayden Capewell

Battle: Sarah Capewell is fighting to have guidelines about caring for very premature babies changed

Miss Capewell, 23, said doctors refused to even see her son Jayden, who lived for almost two hours without any medical support. 

She said he was breathing unaided, had a strong heartbeat and was even moving his arms and legs, but medics refused to admit him to a special care baby unit.

Miss Capewell is now fighting for a review of the medical guidelines. 

Sarah Capewell and her daughter Jodi

Heartbreak: Sarah Capewell with her daughter Jodi, five

Sarah Capewell
Jayden Capewell

Sarah Capewell is fighting for new guidelines on when infants should be given intensive care after her premature son Jayden (right) was refused treatment

Medics allegedly told her that they would have tried to save the baby if he had been born two days later, at 22 weeks.

In fact, the medical guidelines for Health Service hospitals state that babies should not be given intensive care if they are born at less than 23 weeks.

The guidance, drawn up by the Nuffield Council, is not compulsory but advises doctors that medical intervention for very premature children is not in the best interests of the baby, and is not 'standard practice'.

James Paget Hospital in Norfolk refused to comment on the case but said it was not responsible for setting the guidelines relating to premature births.

A trust spokesman said: 'Like other acute hospitals, we follow national guidance from the British Association of Perinatal Medicine regarding premature births.'

Miss Capewell, who has had five miscarriages, said the guidelines had robbed her son of a chance of life.

James Paget Hospital

Short life: Miss Capewell's son Jayden died two hours after he was born at James Paget Hospital in Gorleston, Norfolk, in October 2008

She said: 'When he was born, he put out his arms and legs and pushed himself over.

A midwife said he was breathing and had a strong heartbeat, and described him as a "little fighter".

I kept asking for the doctors but the midwife said, "They won't come and help, sweetie. Make the best of the time you have with him".'

She cuddled her child and took precious photos of him, but he died in her arms less than two hours after his birth.

Miss Capewell, who has a five-year-old daughter Jodie, went into labour in October last year at 21 weeks and four days after suffering problems during her pregnancy.

She said she was told that because she had not reached 22 weeks, she was not allowed injections to try to stop the labour, or a steroid injection to help to strengthen her baby's lungs.

Instead, doctors told her to treat the labour as a miscarriage, not a birth, and to expect her baby to be born with serious deformities or even to be still-born.

Jayden Capewell
Jayden Capewell

Treasured memories: Pictures of baby Jason's feet and hands

She told how she begged one paediatrician, 'You have got to help', only for the man to respond: 'No we don't.'

As her contractions continued, a chaplain arrived at her bedside to discuss bereavement and planning a funeral, she claims.

She said: 'I was sitting there, reading this leaflet about planning a funeral and thinking, this is my baby, he isn't even born yet, let alone dead.'

After his death she even had to argue with hospital officials for her right to receive birth and death certificates, which meant she could give her son a proper funeral.

Justice for Jayden: His mother is campaigning to change the law

Justice for Jayden: His mother is campaigning to change the law

She was shocked to discover that another child, born in the U.S. at 21 weeks and six days into her mother's pregnancy, had survived.

Amillia Taylor was born in Florida in 2006 and celebrated her second birthday last October. She is the youngest premature baby to survive.

Miss Capewell said: 'I could not believe that one little girl, Amillia Taylor, is perfectly healthy after being born in Florida in 2006 at 21 weeks and six days.

'Thousands of women have experienced this. The doctors say the babies won't survive but how do they know if they are not giving them a chance?'

Miss Capewell has won the support of Labour MP Tony Wright, who has backed her call for a review of the medical guidelines. He said: 'When a woman wants to give the best chance to her baby, they should surely be afforded that opportunity.'

What the medical guidelines say...

Guidance limiting care of the most premature babies provoked outrage when it was published three years ago.

Experts on medical ethics advised doctors not to resuscitate babies born before 23 weeks in the womb, stating that it was not in the child's 'best interests'.

The guidelines said: 'If gestational age is certain and less than 23+0 (i.e at 22 weeks) it would be considered in the best interests of the baby, and standard practice, for resuscitation not to be carried out.'

Medical intervention would be given for a child born between 22 and 23 weeks only if the parents requested it and only after discussion about likely outcomes.

The rules were endorsed by the British Association of Perinatal Medicine and are followed by NHS hospitals.

The association said they were not meant to be a 'set of instructions', but doctors regard them as the best available advice on the treatment of premature babies.

More than 80,000 babies are born prematurely in Britain every year, and of those some 40,000 need to be treated in intensive care.

The NHS spends an estimated £1 billion a year on their care.

But while survival rates for those born after 24 weeks in the womb have risen significantly, the rates for those born earlier have barely changed, despite advances in medicine and technology.

Medical experts say babies born before 23 weeks are simply too under-developed to survive, and that to use aggressive treatment methods would only prolong their suffering, or inflict pain.

The guidelines were drawn up by the Nuffield Council on Bioethics after a two-year inquiry which took evidence from doctors, nurses and religious leaders.

But weeks before they were published in 2006, a child was born in the U.S. which proved a baby could survive at earlier than 22 weeks if it was given medical treatment.

Amillia Taylor was born in Florida on October 24, 2006, after just 21 weeks and six days in the womb. She celebrated her second birthday last year.

Doctors believed she was a week older and so gave her intensive care, but later admitted she would not have received treatment if they had known her true age.

Her birth also coincided with the debate in Britain over whether the abortion limit should be reduced.

Some argued that if a baby could survive at 22 weeks then the time limit on abortions should be reduced.

The argument, which was lost in Parliament, followed a cut to the time limit in 1990 when politicians reduced it from 28 weeks to 24 weeks, in line with scientific evidence that foetuses could survive outside the womb at a younger age.

However, experts say cases like Amillia Taylor's are rare, and can raise false expectations about survival rates.

Studies show that only 1 per cent of babies born before 23 weeks survive, and many suffer serious disabilities.

 

Here's what readers have had to say so far. Why not add your thoughts below, or debate this issue live on our message boards.

The comments below have not been moderated.

I wonder if the mother would have been so anxious for the baby to live if she had to foot the bill?

Click to rate     Rating   1

This is absolutely terrible that dr's that took an oath 2 save lives @ any stage, let this viable beautiful BABY die. They should b in prison!! My daughter was born @ 31 wks premature many things went through my head, that she might not live, her disabilities,my daughter is 2 yr old & thriving with no issues & received excellent care in the NICU paid by my insurance that i work hard 4.
People wake up if your govt pays 4 everyone's healthcare then govt will have the right to decide who lives & who dies which is fundementally wrong.
This why the citizens of U.S. should reject Obama healthcare reform in its current form, bcause the ultimate goal will b 2 allow the "Complete Lives System" written Ezekiel J. Emanuel Special Advisor for Health Policy who is the brother of Rahm Emanuel who is Obama's right hand man check it out 4 yourself. Wake up America don't let what happened to Sarah Capewell happen in the U.S.
Sarah God bless u & ur baby & u will see him in Heaven in God's arms.

Click to rate     Rating   (0)

The difference between government and private health care is that the government loves "one size fits all" regulations, and in the real world one size never fits all.

Click to rate     Rating   3

It is a crime against humanity what was done to this poor woman's child. It is a shame she cannot sue the doctors, the hospital and the NHS. Sad to say if Obama's health care bill passes it would limit medical care for anyone under 14 or over 40 here in America. Don't believe it...READ THE BILL!!!! America has the best health care in the world and Obama is trying to make it one of the worst in the world. What ever happened to the ideal of sanctity of life? We here in America read stories of the horrors of health care in England all the time, shake our heads and say it could never happen here. It is time to wake up and see the truth, if Obama gets his way the horror stories will all be about horrors here at home.

Click to rate     Rating   8

It sounds as though many people are more than willing to defend the actions of the medical staff in this situation. It's always easy to be cavalier about these things when it's someone else's child that's dying.

In the US we are inundated with stories about how ALL the people in the UK just LOVE the NHS. Is that really the case? Is this the level of care and compassion that you tolerate? Quite honestly, it's hard to imagine a government-run operation that provides first-rate services.

Does everyone like it because, as is the case in this country, tax-payer funded services are largely underwritten by the top 5% of taxpayers and everyone else is happy to be subsidized by these taxpayers?

Honestly, many people in the US honestly wonder about these reported high satisfaction levels, especially in light of some of the stories that come out about service problems in the NHS.

Click to rate     Rating   10

This is what they are wantiing to push on American's. Yet, whack jobs continue to push the lie. My grandson was borned pre-mature and with his intestines outside of his stomach. He is now 10 years old and growing with some pain as the result of his issue at birth. I worry that if another grandchild born in such condition and we in America let these idiots push Population Control Medicine. We will loose alot of productive citizens all for the COST! This is wrong and I will pray for this young lady. If this happened to my grandson. I would probabley be in jail. To me the love of a child is more important than my political beliefs. My grandson cost $250 thousand American dollars and I don't regret it at all. I am not a rich man either. But, his life is more important than the cost. God Bless This Child and This Young Mother.

Click to rate     Rating   15

The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline.

Your name and location will appear next to your comment.
You have 1000 characters left.
We welcome your opinions. This is a public forum. Libellous and abusive comments are not allowed. Please read our House Rules.
For information about privacy and cookies please read our Privacy Policy.
Terms