Over the past 11 years, the NHS in England has shelled out a staggering £4.1bn to settle lawsuits concerning infants who suffered brain damage during childbirth, indicating persistent issues in maternity units.
According to NHS data, nearly £3.6bn was paid in damages across 1,307 cases involving parents left to care for babies with cerebral palsy or other brain injuries. On top of this, NHS Resolution, responsible for defending hospitals accused of medical negligence, allocated an additional £490m to cover legal fees, bringing the total cost of handling these legal actions to £4.1bn.
Robert Rose of Lime Solicitors, who obtained this data, expressed concern, stating, “These figures are shocking and also a tragedy. They should set alarm bells ringing across the NHS.”
Instances where infants endure brain damage, often due to oxygen deprivation during labor, can lead to significant lifelong expenses, sometimes reaching up to £20m per case for NHS settlements. These children commonly face cognitive and physical disabilities, including impaired movements, vision, speech, and learning abilities.
The £4.1bn expenditure for the 1,307 affected babies underscores a broader crisis in maternity care within the NHS. A significant portion of maternity units in England, as highlighted by the Care Quality Commission, are deemed unsafe, with overall maternity care witnessing a decline.
A recent parliamentary report revealed the extent of trauma experienced by mothers and infants during childbirth complications, prompting calls for urgent reforms to enhance safety, including addressing staff shortages.
Between 2012-13 and 2022-23, ten NHS trusts, primarily managing large acute hospitals, settled at least 20 negligence cases each, related to cerebral palsy or brain damage. Barts Health trust in London, settling 36 cases, incurred the highest cost at £32.6m.
Rose pointed out common errors in maternity care, such as inadequate monitoring of fetal growth during pregnancy and insufficient monitoring of the baby’s heartbeat during labor. He also noted delays in addressing birth-related issues, with legal proceedings sometimes taking up to nine years to conclude.
In addition to cases involving brain damage, NHS Resolution disclosed settling 933 legal actions concerning stillbirths, amounting to £93m.
Amid these revelations, concerns persist regarding staffing levels in maternity services. A survey by the Royal College of Midwives found that three out of four midwives felt their workplaces were inadequately staffed.
Paul Whiteing, CEO of Action against Medical Accidents, condemned the significant harm and costs incurred, echoing the distress felt by affected parents seeking answers from the NHS.
Although the Department of Health and Social Care refrained from commenting due to the ongoing general election campaign, Health Secretary Victoria Atkins acknowledged the need for improved maternity care, acknowledging the unacceptable variations in service quality across the country.
