Research And Statistics On Birth Injuries And Trauma
Maternity and Childbirth Claims NHS
Recently, the UK’s first ever parliamentary inquiry into birth trauma called for an overhaul of maternity and postnatal care after finding poor care is “all-too-frequently tolerated as normal.”
Conservative MP, Theo Clarke and Labour MP, Rosie Duffield co-chaired the inquiry which heard harrowing evidence from more than 1,300 women in May, 2024.
Some said they were left in blood-soaked sheets while others said their children had suffered life-changing injuries due to medical negligence.
The inquiry’s report called for a new maternity commissioner who would report directly to the prime minister, along with ensuring safe levels of staffing.
Health and Social Care Secretary, Victoria Atkins said the National Institute for Health and Care Research (NIHR) will commission new research into the economic impact of birth trauma.
But she added that there is “much work to do to deliver on the findings of the report.”
The inquiry prompted LegalExpert’s new investigation into childbirth and maternity negligence in the NHS.
According to NHS Resolution, “maternity claims represent the highest value and second highest number of clinical negligence claims.”
Which is why it is perhaps surprising that Victoria Atkins concluded her response to the birth trauma inquiry with: “this is the first time in the NHS’s 75-year history that I, as the Secretary of State, but also the chief executive of NHS England, are both mums.”
Methodology
To gain a true insight in the levels of negligence in childbirth and maternity care in the NHS, LegalExpert submitted Freedom of Information Requests to NHS Resolution – which is the legal body of the NHS.
We asked for the number of claims lodged against NHS Trusts for birth injuries as a result of medical malpractice in the last five years as well as the number of incidents reported. We asked that these be broken down by NHS Trust, Cause of Negligence and Primary Injury caused. We also requested the number and cost of such claims.
Our findings were broken down into three categories. The first, focusing on the childbirth injuries sustained. The second, focused on the NHS Trusts most accused of childbirth and maternity negligence and the third on the most common types of negligence allegations made against the NHS.
Claims of Injuries Caused by Childbirth and Maternity Negligence
NHS Childbirth and Maternity Claims
Brain Damage and Cerebral Palsy childbirth clinical negligence claims have cost the NHS £1.6bn in compensation payouts in the last five years.
The NHS has paid out more than £600 million for brain damage caused by medical negligence during childbirth and a further £980 million for Cerebral Palsy claims.
Obstetrics is the branch of medicine and surgery that deals with childbirth and maternity.
Claims of negligence within the branch include errors that can be caused by healthcare professionals during childbirth.
A total of 4,805 such claims have been lodged against the NHS since 2019, costing a combined total of more than £2bn in damages payouts alone – this does not include legal costs.
Nearly 500 claims and incidents of brain damage have been reported to NHS Resolution, the legal body of the health service, since 2019. A further 264 medical negligence claims and incidents were also raised specifically relating to cerebral palsy.
Traumatic births can lead to the baby sustaining a brain injury, most often caused by oxygen deprivation, which could cause life-changing conditions such as cerebral palsy.
Brain damage occurs when some of the brain cells become damaged or destroyed during childbirth.
This can happen in a number of situations including; oxygen deprivation to the neonatal brain, a physical head injury during birth caused by excessive force from forceps or by the head becoming stuck in the birth canal.
In mild cases of brain damage, the child may eventually recover with little or no lasting effects. However, severe brain injury can lead to devastating and lifelong disabilities such as cerebral palsy with the child typically needing treatment for the rest of their life.
Through information obtained via Freedom of Information Requests, Legal Expert revealed that 484 claims and incidents of brain injury caused by medical negligence have been reported in the last five years.
Since 2019, the NHS has settled 181 Brain Damage Obstetric Negligence claims with compensation payouts totalling £600, 218, 446.
Additionally, the Health Service has settled 254 Cerebral Palsy claims with damages amounting to an eye-watering £980,035,20.
In the same time period, 29 claims of ‘wrongful birth’ have been settled by the NHS for a total of £126,551,211.
Allegations of ‘wrongful birth’ are made by the parents of a child born with a birth defect who feel they were deprived of the opportunity to make an informed decision about whether to avoid or terminate a pregnancy.
Childbirth and Maternity Clincial Negligence Claims by Trust and Damages Payout
Childbirth and Maternity Negligence Claims and Damages by NHS Trust
Mid and South Essex NHS Foundation Trust
Mid and South Essex NHS Trust has paid out £63 million in childbirth and maternity medical negligence claims in the last five years – more than any other NHS provider.
The eye-watering sum is the amount of compensation alone the trust has forked out for a total of 78 claims lodged against it since 2019.
What’s more, it had the second highest number of childbirth and maternity clinical negligence lodged against it, with 124 such claims and incidents reported to NHS Resolution
Obstetric figures reveal damages pay-outs at the Essex Trust totalling £63,163,013 between 2019-20 and 2022-23.
The Trust runs three major hospitals across the county; Southend University Hospital, Broomfield Hospital and Basildon University Hospital.
As recently as December 2023, the Trust agreed a settlement with a mum who claimed her child suffered brain damage around the time of her birth at Southend University Hospital 20 years ago.
Clinical negligence claims and incidents across all NHS Trusts in the last five years include 484 relating to babies with brain damage, 471 stillbirths and 342 mother or baby deaths.
Of those claims settled, £980 million was spent on compensation for celebral palsy related claims and a further £600 million was paid out for claims pertaining to brain damage caused by obstetric negligence.
The leading cause of negligence according to the claims and incidents reported to NHS Resolution during this time include; Fail/delay in treatment and diagnosis as well as failure to respond to abnormal Fetal Heart Rate.
University Hospitals Sussex NHS Foundation Trust
University Hospitals Sussex NHS Trust has paid out £58 million in childbirth and maternity medical negligence claims in the last five years.
A total of 60 such claims have been lodged against it since 2019. It is the second highest amount of all NHS Trusts in England.
Damages pay-outs at the Sussex Trust totalled £58,027,688 between 2019-20 and 2022-23.
The Trust runs four major hospitals across the county, Royal Sussex County Hospital, Worthing Hospital, St Richard’s Hospital and Princess Royal Hospital.
Earlier this month, the parents of a baby who died at two weeks old launched a compensation claim against the trust after a coroner ruled that failure to recognise his mother’s rare medical condition contributed to their son’s death.
Robyn and Jonathan Davis from Steying in West Sussex say they are seeking damages for the physical and mental impact following the death of their baby, at Worthing Hospital in September 2021.
Birmingham NHS Trusts
Birmingham Women and ‘s and Children’s NHS Foundation Trust
No. of claims and incidents reported to NHS Resolution: 67
No. of claims settled: 42
Total Damages Paid: £26,553,968
University Hospital of Birmingham NHS Foundation Trust
No. of claims and incidents reported to NHS Resolution: 60
No. of claims settled: 33
Total Damages Paid: £16,076,572
Sandwell and West Birmingham Hospitals NHS Trusts
Lewisham & Greenwich NHS Trust
Total Damages Paid: £56,976,228
No. of claims and incidents reported to NHS Resolution: 63
No. of claims settled: 52
Barts Health NHS Trust
Total Damages Paid: £46,932,215
No. of claims and incidents reported to NHS Resolution: 117
No. of claims settled: 60
Royal Free London NHS Foundation Trust
Total Damages Paid: £43,962,197
No. of claims and incidents reported to NHS Resolution: 60
No. of claims settled: 32
University Hospitals of Leicester NHS Trust
Total Damages Paid: £42,301,938
No. of claims and incidents reported to NHS Resolution: 64
No. of claims settled: 41
Frimley Health NHS Foundation Trust
Total Damages Paid: £41,437,675
No. of claims and incidents reported to NHS Resolution: 73
No. of claims settled: 50
Barking, Havering and Redbridge University Hospitals NHS Trust
Total Damages Paid: £39,559,774
No. of claims and incidents reported to NHS Resolution: 66
No. of claims settled: 42
Manchester Univesity NHS Foundation Trust
Total Damages Paid: £36,004,712
No. of claims and incidents reported to NHS Resolution: 128
No. of claims settled: 84
Portsmouth Hospitals NHS Trust
Total Damages Paid: £35,464,791
No. of claims and incidents reported to NHS Resolution: 36
No. of claims settled: 25
Highest No. of Childbirth and Maternity Clinical Negligence Claims
Get Help With Childbirth Medical Negligence Claims
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