Maternity care in the UK is generally very safe despite the increasing numbers and complexity of births. However, there are areas within the NHS where there is a need for significant improvement.
A recent review of NHS compensation claims conducted by NHS Resolution found that there has been barely any change in the most serious examples of medical negligence over the past 20 to 25 years. The report found that babies are just as likely to be left brain-damaged by the most serious errors in maternity care as they were 20 years ago.
In the UK, there are an estimated 30,000 children living with cerebral palsy. It is usually caused by injuries during birth and leaves those affected with varying conditions that affect muscle control and movement. They may also have learning difficulties, epilepsy and communication difficulties.
The report looked at 50 cases from 40 different NHS Trusts in which the NHS had admitted liability for a child suffering cerebral palsy due to medical errors. All the cases occurred between 2012 and 2016 and were taken from a total of 296 compensation claims for cerebral palsy made by affected families.
The report highlighted that internal investigations carried out by NHS Trusts after mistakes focussed too heavily on individual errors. However, they failed to explain why the incident occurred and subsequently concentrated on making recommendations that were unlikely to prevent recurrence of the same problems.
It identified a lack of family involvement and support, whereby only 40 per cent of parents were involved during the investigation process and only 32 per cent had a review involving an obstetrician, midwife and neonatologist.
When reviewing the clinical details four main themes were identified, including errors with fetal heart rate, monitoring, breech birth, and quality assurance of staff training and patient autonomy.
Examples of these serious errors included a doctor who did not know how to resuscitate a baby; midwives being left to monitor heart rates despite not fully understanding how to do this; breech babies being delivered by medical staff who did not have the experience or correct training; and poor communication on medical wards, failing to adhere to guidelines or policies and inadequate skills and knowledge.
Incidents of children born with cerebral palsy caused by medical error can have a devastating impact on both the children themselves, and upon the families of those affected. It is vitally important that lessons are learnt from these mistakes to reduce the risk of similar problems happening again and to avoid the human cost of damaged lives.
If you feel your child or loved one has cerebral palsy due to the negligence of a medical professional, you may be able to obtain medical negligence compensation to help to meet their needs, and to provide them with the care and support that they require.
Jackson Lees have a dedicated team of specialist lawyers who will be able to identify the issues affecting you and your loved ones and offer you the best practical advice on the options available.
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