A mother whose baby was stillborn after she was turned away from the hospital where she asked to give birth has settled a legal battle that lasted three and a half years.
Colette Melaugh believes her daughter Ruby would be alive today if she had been able to deliver her at Dr Gray's Hospital in Elgin, or if her concerns had been acted upon when she presented there while 37 weeks and five days pregnant. The mum has spoken of relief mixed with heartbreak after her case against NHS Grampian was settled out of court.
Admission of liability
"They admitted liability in the death of Ruby and they've settled out of court which is amazing because it doesn't happen very often in these cases," she said. "They said originally that they were not at fault. If they'd just done what I asked them to do, then Ruby would still be here today."
In March 2023, Ms Melaugh attended Dr Gray's Hospital after experiencing bleeding and was found to have elevated blood pressure. She says she was told her blood pressure needed to be brought down and that she would undergo a scan before being sent home. Because she was at full term, she asked staff whether she could instead be transferred to Aberdeen to give birth but the hospital was "too busy" to accept her.
"Basically my blood pressure was elevated but I wasn't showing signs of pre-eclampsia or anything," she said. "But my exact words were, deliver this baby now or get it sorted now, because you've told me that it's really urgent. So I was sent away with medication."
Missed scan and monitoring
Ms Melaugh says the scan she had been expecting did not take place. It was eventually scheduled for the following week but was then cancelled, leaving her to be monitored at home. A midwife visited each morning and Ms Melaugh says her blood pressure came down with medication, while other checks appeared normal.
Her waters subsequently broke and she travelled to Aberdeen where she and her husband Brendan Gill were told their daughter had died. Ms Melaugh remains convinced Ruby could have survived.
"If they'd delivered her, instead of medicating me and sending me home, then I honestly believe that she'd be here now," she said.
High-risk pregnancy and communication breakdown
Ms Melaugh had been considered high risk because of gestational diabetes and was due to give birth in Aberdeen by Caesarean section. She says she was told that, had she not already been booked for a Caesarean, staff would have considered inducing her when she was admitted with high blood pressure.
"Surely that's backwards," she said. "Because if you would induce me, which would probably end up in a Caesarean section anyway, then why won't you just take me and deliver this baby?"
A distressing breakdown in communication then saw the heartbroken mum receive a phone call from Aberdeen's administrative department to go over pre-op questions having just lost Ruby. "They obviously hadn't flagged it," she said. "That was awful. I was really angry at that point. There was no communication. It was a systematic error. It was terrible."
Maternity services downgrade
Maternity services at Dr Gray's were downgraded in July 2018 because of staffing pressures and concerns over the ability to safely maintain a consultant-led service. NHS Grampian is aiming to restore full consultant-led maternity services by the end of 2026. Caesarean sections returned to the hospital in April 2025 but the majority of Moray women still have to travel outwith the region to give birth.
Ms Melaugh says the current arrangements continue to place a significant burden on families. "I know a few people who've been sent in ambulances through to Aberdeen, which is just horrendous," she said. "It's an awful journey at the best of times, but I can't imagine how bad it is in the back of an ambulance."
She believes maternity services at Dr Gray's should be restored as soon as possible. "It's about time that this silliness stops because people's babies are being put at risk," she said. She added: "If we'd had the option to deliver her straight away at Dr Gray's, then she would still be here now, undoubtedly."
Relief and heartbreak
For Ms Melaugh, the conclusion of the legal action has brought mixed emotions. "It's a big relief," she said. "It's also really upsetting, because we should have a healthy little girl here now and because of mistakes that were made, we don't and we've not been able to have another baby since. It's really hard."
The three-and-a-half-year legal process meant the loss remained a constant presence in the family's lives. "It's been on the go for the last three and a half years, so we haven't been able to close off from it at all," Ms Melaugh said. "So it'll be nice to shut the door on it and hopefully move on."
Ms Melaugh, who moved from Yorkshire to Fochabers in 2017, lives in the village with her husband and their six-year-old son Lewis. She hopes her experience will add to calls for the restoration of full maternity services in Elgin.
Asked what she would tell a woman considering starting a family in Moray under the current arrangements, she said: "Make sure you think through your options, and if you don't think it's going to be a straightforward delivery, I would seriously consider waiting until the services are fully restored."
NHS Grampian would not comment on the specific details of Ms Melaugh's case but did offer its "sincere condolences". Katie Colville, Director of Midwifery for NHS Grampian, said: "We would like to express our sincere condolences to the family for the loss of their baby. We recognise that no legal outcome can lessen the profound impact that this tragedy has had on them, and our thoughts remain with them.
"While it would not be appropriate to comment on the specific details of the case, we acknowledge the concerns that were raised regarding the care provided and are deeply sorry for the distress experienced by Ms Melaugh. We are committed to providing safe, effective and person-centred care for every family. When concerns are identified, we take action to improve our services and continuously review our clinical practices, processes and training to help ensure lessons are learned for the future."
