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Unacceptable level of NHS maternity services gives rise to number and size of medical negligence claims

medical negligence - two NHS surgeons perform an operation

It’s no secret that in recent years, the number of maternity scandals at NHS hospitals has unfortunately increased. Media reports have highlighted the fact that pregnant women and new mothers have effectively been abandoned by the NHS. In recent months, we’ve shared with you serious issues at numerous NHS hospitals including East Kent, Nottingham and of course Shrewsbury and Telford Hospital Trust, which prompted the long-awaited Ockenden Report.

Whilst the number of incidents have escalated, what has also risen are the size of the claims. Last year alone, there were 364 medical negligence claims for more than £3.5 million, which was up from 191 in 2011/12. These types of claims tend to relate to errors during childbirth, such as claims where a baby has suffered hypoxia (a lack of oxygen) which can leave the baby with brain damage and lifelong conditions such as cerebral palsy.

Decline in number of midwives

There are many reasons for the rise in these figures. Historically, a pregnant person may have had their own midwife but because of the decline in the number of NHS midwives, overstretched midwives can often be found juggling up to six pregnant people at any one time on a busy maternity ward. This is borne out by the statistics. Whilst in 2012 there were 26,208 midwives, by 2022, this number had fallen by 4,522 to 21,686.

Unfortunately, with an overstretched NHS and less midwives to look after pregnant persons, errors occur more frequently.

Two out of five maternity units are not fit for purpose

In July 2022, the Care Quality Commission (CQC) published new figures showing that 39% of maternity units it inspected in the year to 31 July 2022 ‘require improvement’ or were ‘inadequate’.  Put simply this means that the care in almost two out of every five maternity units is not fit for purpose. It’s worth highlighting that this figure (39%) was an increase on the previous year where 31% of services received a similarly poor rating.

Access to safe, effective and personalised maternity care

Rachael Flanagan, Head of Medical Negligence and Personal Injury at Alsters Kelley said. “In some maternity units, not only is there an absence of a culture of safety but women’s concerns appear to be dismissed. I believe that all pregnant women should have access to safe, effective and truly personalised maternity care.”

Rachael continued. “Despite the high-profile scandals at NHS maternity units, the pace to raise standards has been slow and has not been sufficiently prioritised to reduce ongoing risk and prevent further tragedies happening.”

Rachael concluded. “If you feel you have received substandard care, please get in touch. As an experienced medical negligence lawyer, it’s my job to help recover compensation for victims of negligence who have suffered physical and/or psychological injury.”

Contact us for support and advice

At Alsters Kelley, we are here to help you seamlessly navigate the claims process. With years of experience, we aim to minimise the impact of the process and secure the compensation you may be entitled to.

If you have any concerns about the treatment either you or your baby received and would like help or advice, please contact Rachael Flanagan on 01926 356030 or email rachael.flanagan@alsterskelley.com.

Call now 01926 356 030 to arrange a free consultation with one of our experienced medical negligence lawyers at any of our six offices.

You can also join us at our Medical Negligence free drop-in sessions every third Wednesday of the month from our Nuneaton office.