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Clinical Negligence Solicitors

A record high cost of NHS negligence pay-outs linked to maternity errors (24 July 2017)

Date: 24/07/2017
Duncan Lewis, Clinical Negligence Solicitors, A record high cost of NHS negligence pay-outs linked to maternity errors

Figures have revealed that over £1bn – a record high – was paid out by the NHS for medical negligence damages last year, and this has been closely linked to maternity blunders.

A report by the Royal College of Obstetricians and Gynaecologists (RCOG) revealed that hundreds of babies each year are needlessly dying or suffering severe brain injuries because of avoidable mistakes. Although only 10% of claims in 2016/2017 involved birth injuries, they accounted for 50% of the total costs according to health officials, with negligence often being linked to a failure to monitor babies’ heart rates and detect risks of oxygen starvation. A number of the most expensive claims involve babies who have suffered brain injuries at birth, as pay-outs often include the cost of care for life.

The RCOG investigated all babies delivered in 2015 that were either still-born, died within seven days, or suffered major brain injuries, and the investigation found that as many as 76% of the incidents could have had a “different outcome with different care.”

The 18-page damning report blames several factors for the blunders, notably a failure by midwives and nurses in foetal heart rate monitoring. The RCOG demands immediate action to be taken to minimise the number of babies dying or suffering serious injuries due to errors in labour, and have said NHS trusts must ensure that all their staff have documented evidence of appropriate annual training. Dr Ed Prosser-Snelling said that “countless reports” were found in the RCOG review detailing failings in interpreting heart rate traces. He said: “We know that people do get it wrong. Whether it’s because they are not properly trained or whether it’s because it’s difficult is hard to pin down. I think it’s probably a bit of both.”

Currently, it is commonplace for British midwives to qualify without effective training in the use of heart monitors, and in recent months a string of inquests have found that babies are dying or being put at risk of serious brain injury because of this. Senior coroners have called for the system to be reformed, for trusts to stop recruiting newly qualified midwives unless they can demonstrate they have such skills, and to conduct annual checks.

Some Doctors’ representatives have used the figures of the report to focus on spending, asserting that the rise of negligence claims shows a need to cap costs and limit the amount of spending on lawyers, amid fears that the NHS will not be able to cope with rising costs.

However, Peter Walsh, chief executive of the charity Action Against Medical Accidents has highlighted that the NHS is spending such a great amount on litigation because of its own failure to improve safety. He suggests that too much spending is going towards fighting cases it shouldn’t be defending in the first place. Walsh said: “The human cost of these perfectly avoidable errors is far greater than the financial cost. Most of these costs would be avoided if the NHS investigated incidents better, recognised when they were at fault and settled claims earlier.”

Ashwati Menon comments:

“There is an immediate need for the system to be reformed, and stringent training for midwives must be put into place. It should be the highest priority for midwives to understand the use of heart monitors and how to detect risks of oxygen starvation quickly to prevent avoidable mistakes. Keeping in line with Mr Walsh’s statements, whilst the costs for birth related claims are so high financially, we can’t disregard the human cost. Less money would need to be paid out if fewer mistakes were made.”

Ashwati Menon is a Trainee in Duncan Lewis’ Clinical Negligence Department. She is experienced in assisting on numerous clinical negligence claims, including, but not limited to orthopaedic claims, gastroenterology and cardiac related injuries

Duncan Lewis Clinical Negligence Solicitors

The Duncan Lewis Clinical Negligence team has significant experience acting in a vast array of claims including birth injury claims, wrongful death claims, accident and emergency failures, GP negligence claims, misdiagnosed fractures and other medical conditions. They also act for children and adults who have suffered profound and permanent brain, spinal or neurological injuries and associated disabilities as a consequence of failings in medical care in both NHS and private hospitals.

If you believe your doctor, nurse, or other medical professional has made a mistake and wish to claim compensation or have any questions about treatment you have received, please do not hesitate to contact our team of specialist clinical negligence solicitors on 0333 772 0409.


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