Pregnancy and childbirth should be a joyful and happy time, but sadly this is not always the case. Poor maternity care is becoming a more common and widespread issue impacting many families in causing avoidable harm or life-changing injuries. In 2023, 13% of all clinical negligence claims related to pregnancy and childbirth and NHS Trust investigations into poor maternity care are becoming more frequent. Last year, concerns of maternity care in two hospitals managed by University Hospitals of Derby and Burton NHS Foundation Trust triggered an investigation in which it was found that sub-standard care may have led to more than 150 baby deaths. Further investigations have also been required for two hospitals managed by Nottingham University Hospital NHS Trust during which nearly 2000 families were involved in an investigation of possible maternity failings.
As poor maternity care becomes more common, there is growing concern that substandard maternity practices are at risk of being “normalised”. The Care Quality Commission (CQC) has recently performed a detailed review of 131 maternity units in England and called for urgent reform. During the 16-month investigation, a raft of issues were identified culminating in the new health secretary, Wes Streeting, calling the report findings “a national shame”. Of the 131 units reviewed, 48% were rated as inadequate or requiring of improvement. The CQC report highlights numerous issues involving staffing shortages, equipment issues, delays due to theatre shortages, poor hygiene, poor safety management, and discrimination.
Impact of negligent care in childbirth and reform
Sadly, birth injury claims are not uncommon and the nature of injuries that may be sustained by the child can be significant, such as life-changing brain injuries or nerve injuries like Erb’s Palsy. In addition, these claims can impact the mothers who are often left traumatised and unwilling to go through childbirth again.
CQC specialist care director, Nicola Wise, has called for urgent reform of maternity practices pointing out the growing issues of such failings and the more frequent and widespread need for high-profile investigations. The CQC recommended in its report that the new Labour Government invest more in buildings and equipment and that NHS England need to invest more into monitoring safety-related incidents.
Gill Walton of the Royal College of Midwives advised that the many failings highlighted by the CQC report were a running theme seen in several other reports, and yet “nothing has fundamentally changed” within the NHS. This latest CQC report is timely given the 10-year strategy for NHS reform announced by Prime Minister, Sir Keir Starmer, on 12th September which acknowledged that the NHS was in “critical condition” and pledged to deliver “the biggest reimagining of the NHS” since it was formed in 1948.
Helping victims fight clinical negligence cases
It is hoped that the urgent reform required in the maternity care sector will lead to a reduction in clinical negligence cases. However, in cases where there is negligence, there can be devastating, life changing injuries and it is at this point that patients should consider legal action.
At Ison Harrison we have an experienced team of specialist clinical negligence solicitors. We can support you if you or your baby have suffered injuries through a perception of negligent care during childbirth, via the NHS or any other healthcare organisation. This support can look after your emotional wellbeing as well as providing access to suitable medical care. We can start to build a case for clinical negligence by establishing a timeline of events and gathering evidence.
Pursuing a clinical negligence case can be a daunting and a stressful experience at a time when you are already recovering from your ordeal. However, our successful record shows that we can provide you with the support you need, while also pursuing appropriate compensation. If you think you have grounds to make a claim for clinical negligence due to maternity care, contact our team today.
