Advocates criticise DHB deal

Lynda Williams of the Maternity Services Consumer Council said it was disappointing Blackley had been gagged. Photo / Kenny Rodger

The husband of a woman who died in childbirth has been bound to silence after accepting a financial settlement from health authorities.

The gagging has drawn criticism from women's health advocates.

Renee Bayliss, 33, died in January 2008 from excessive bleeding during the birth of her only child, daughter Allix.

Two inquiries into the death found Auckland Hospital staff were slow to get blood for a transfusion.

Two years after the death, husband Nick Blackley has reached a confidential deal with the Auckland District Health Board.

Spokeswoman Julia Diamond said the board wouldn't disclose "any discussions or settlements between it and any parties".

Wendy Bayliss, Bayliss' mother, said she couldn't comment about any deal reached by Blackley because of confidentiality. Though she had not signed the agreement, she said such a deal would prevent Blackley from passing information to her.

"I'm not to know any facts at all about what's going on."

She rejected rumours of a payout worth hundreds of thousands of dollars, saying that sum was "way out of whack".

Two inquiries ordered by ADHB found Bayliss' death was preventable. She was suffering from pre-eclampsia - a condition affecting some pregnant women that can cause high blood pressure - and she had a known risk of bleeding because of problems with her placenta.

Despite Bayliss' prior request for compatible blood to be set aside, it was not made available until too late.

Both reports recommended changes, including a new process for obtaining emergency blood.

Health and Disability Commissioner Ron Paterson declined to comment.

But Lynda Williams of the Maternity Services Consumer Council said it was disappointing Blackley had been gagged.

"It is unfortunate that these kind of settlements are confidential because there are some lessons that need to be learned from this," she said.

Bayliss was one of "far too many deaths" in which hospital staff had failed to listen to the concerns of patients and families.

Bayliss had asked for cross-matched blood to be set aside for her 32 hours before it was made available.

"She was very aware of the risks of what was happening to her, and she wasn't listened to," Williams said.

"I suspect she would have been alive if she had been."

She said there needed to be better support and financial assistance for families when a mother died giving birth.

Medical law expert Dr Jonathan Coates said it was common for agreements to include a confidentiality clause, in medical matters and in general litigation.

If one of the parties broke the gag order, they would be open to a law suit for breach of contract.