A MOTHER from Blackburn is planning to sue hospital bosses for failing to diagnose the condition which killed her two-month-old son.

Toby Outlaw died from Hydrops Fetalis, a condition, often stemming from an infection, which causes abnormal build-up of fluid in the chest of an unborn baby, creating pressure on the lungs and heart.

When he was born his family were told he would not live a day and he died in hospital without ever being allowed home with his mother, Marie, of Havelock Close, Blackburn.

East Lancashire Hospitals NHS Trust has now launched an investigation into Marie's claims that the condition was not spotted soon enough, despite her repeatedly telling staff at the former Queen's Park Hospital that she was in pain and something was wrong.

The condition is usually diagnosed during routine ultrasounds or blood tests and can be treated through draining fluid to lessen the symptoms and increase life expectancy. The mother can also opt for a termination.

Marie, 28, claims her son could still be alive if staff at the old Queen's Park Hospital had spotted the life-threatening problem earlier.

She is now taking legal advice and her solicitors, Lonsdales of Blackpool, have sent trust bosses an outline of her case.

At seven months Marie was admitted for one week at Queen's Park Hospital before being transferred to a specialist unit at Liverpool where she said staff broke the tragic news.

She had an emergency caesarean section at Liverpool Woman's Hospital and gave birth to Toby, who weighed 6lb 11oz, two months prematurely on January 20. He died 50 days later on March 11.

Hydrops Fetalis can lead to heart and organ failure including an inability to breath without a ventilator.

Half of babies born with Hydrops Fetalis do not survive and the condition affects one in 2,000 foetuses.

Marie, who put on four and a half stone during her pregnancy due to the swelling, said she would have considered a termination if she had known in time. The single mother-of-one said: "I felt ill every day. I was so uncomfortable. I couldn't even sit down, let alone sleep.

"I was projectile vomiting. I couldn't eat. The pain was unbearable. There were days when I felt like killing myself. I felt like no one would listen to my concerns.

"I only held Toby once and then he died. I only got to bring him home for the funeral. I was so big when I was pregnant I knew something was wrong.

"People would stop me in the street and ask if I was having twins and I'd say no, I've got four months yet.' "If I'd have known I would have probably had a termination.

"It would have been fairer on Toby, he suffered too much. He was a real fighter but he had swollen so much it was horrible for him.

"It has really upset my four-year-old, Ben.

"He keeps having nightmares. He can't understand where his brother has gone. I want to make sure Toby didn't die in vain and that this never happens to another family."

Angela Pedder, head of patient experience for women's, children's & diagnostic services at East Lancashire Hospitals NHS Trust said: "The division of women's, children's and diagnostic services can confirm that they have received a copy of Ms Outlaw's written complaint and a full investigation has been undertaken within the women's health directorate.

"The trust is unable to make any further comment until the investigation has been fully concluded."