Mother who lost baby in fresh plea for justice

And Elijah's family believe that she is paying the price for raising issues about Crosshouse Hospital which led to revelations that there were at least six "avoidable deaths" of tots since 2008.

Mrs Kennedy says she now has no option but to pursue action through the courts, having continuously raised the issue about the continuing stalemate with NHS Arran and Ayrshire.

She has also taken her case to the health secretary Shona Robison (below) during discussions with families affected by alleged failings at the Kilmarnock hospital.

It came after Ms Robison ordered an independent review and has talked about planned new powers for Healthcare Improvement Scotland, which she said would "bring a more open and transparent culture" around the application of dealing with adverse events in maternity wards.

The mother-of-three, 48, said: "After all this time, I have not had justice, not at all. We are nowhere.

"There is no closure for me and I just want an end to this. So we need to go to court."

Mrs Kennedy from Kilmarnock spent almost 12 hours at Crosshouse Hospital in Ayrshire after the first attempt to start her labour and the family say she nearly bled to death in the birth.

A fatal accident inquiry into her son's death two years ago determined that Elijah could have survived had doctors delivered him by Caesarean at least two-and-a-half hours before he was finally born. Instead, he was starved of oxygen after his mother's uterus ruptured and was born needing round-the-clock care.

The baby died on May 20, 2011, from the brain damage suffered at the time of his birth.

His mother had previously undergone eight pregnancies, having miscarried twice and lost her first child to cot death in 1987.

During the fatal accident inquiry, Ms Kennedy, told how she begged to have a Caesarean section after her baby showed signs of distress but was "basically shoved to the side".

The operation was not carried out until her uterus had ruptured, eight hours after she said a doctor assured her she would get a C-section.

In a written determination, Sheriff Shirley Foran ruled the "death might have been avoided if Elijah Stirling had been delivered by Caesarean section by 7.45pm."

Elijah's family believe sickness benefit claims made by the child's father, Ms Kennedy's partner, Allan Stirling may have complicated the issue of compensation.

Mr Stirling said: They are disputing and haggling and it has gone on years now. I had a breakdown when Elijah died because he died at home with us. I was looking after him and he died in my arms, I just couldn't revive him.

"Jennifer nearly lost her life, because her uterus ruptured, she nearly bled to death. Elijah had brain damage and had a horrible life for six months so she is entitled to compensation.

"It's a cry for help, we just want someone to say, look finish this.

"The court case has been put off but they have been in negotiations with the lawyer, but they say no no no.

"I think it is because in the beginning we created such a fuss we got our FAI and I think that the hospital holds us responsible for holding that torchlight to what was going on. And they are holding this claim up for as long as they can.

"She just thinks nobody is listening to her. She is forgotten about. There's other babies died now, and other parents are rightly outraged.

"She's left thinking, 'what about me, I'm still waiting'.

"When they actually do something, we can all forget about lawyers and listening to the news and really move on."

John Burns, chief executive of NHS Arran and Ayrshire said in a prepared statement: "We understand this is a difficult time for Ms Kennedy, and we are continuing to engage with the family about their claim.

"The claims process is negotiated by solicitors for both parties and, therefore, NHS Ayrshire & Arran cannot comment on individual claims. We would encourage Ms Kennedy to contact her own solicitor if she has any concerns or questions."