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Maternity Medical Negligence Claims

Maternity blunders cost the NHS millions in medical negligence claims

The NHS Litigation Authority (NHSLA) has released startling figures showing a seven-fold increase in the cost of settling maternity blunders between the years 2006 and 2010. The cost in 2006 was estimated at £11.8million in compensation payouts. Four years later, the bill had shot up to a phenomenal £85.8million. How is it that these personal injury claims have skyrocketed in this relatively short time?

The source of the problems seems to be the misinterpretation of cardiotocogram (CTG) scans. CTG scans are used during pregnancy and especially childbirth to monitor a baby’s heart rate and the mother’s uterine activity. Dr Edwin Chandarahan, an expert in CTG techniques has said that, while CTG scans are notoriously difficult to interpret, NHS staff are simply making too many mistakes and need better training.

Avoidable injuries to babies

His beliefs are supported by Peter Walk, the Chief Executive of Action Against Medical Accidents, who says that: “it is particularly galling to us that we continue to see problems with CTG monitoring resulting in serious avoidable injuries to babies. It is a problem we have been seeing for over 20 years and it should have been addressed by now.” Although training with CTG is mandatory for maternity staff and takes place at six-monthly intervals, it seems that the mistakes of the past are being repeated in the present.

Dr Chandarahan went on to reveal that about 500 babies a year die because of this problem, and an unknown number of others suffer brain damage, such as cerebral palsy. The financial repercussions for the NHS are staggering. The NHSLA has found that of a hundred such cases, 39 involved a CTG error. The NHSLA also went to on to disclose that it is still processing 87 claims, which could incur pay-outs of up to £319.4million. This figure is disputed by the Guardian newspaper, who reported that they had been told by solicitors that the number of cases pending was in the region of 400.

Paying for lifelong care

Despite the discrepancies surrounding the actual number of cases, the fact remains that the amount of money paid out has risen considerably. The size of a payout is assessed on a number of factors, including the amount of money required for a child’s ongoing medical care, in the event that it has survived. A main contributor to the increase in compensation awards is due to the fact that there is now a greater understanding of the requirements a brain-damaged child will need in order to lead a comfortable life.

This advance in knowledge may offer some small comfort to parents who have experienced this sort of catastrophe. Medical negligence claims of this sort are now being treated very seriously and compensation awards are now more accurately reflecting the financial demands of these tragic mistakes.

The Department of Health seems to be willing to embrace its responsibilities, saying that: “we are working with professional bodies as we know that ongoing education and training is vital to keeping standards high and the workforce must be kept up-to-date”. However, until the problem is eradicated, parents across the UK will continue to bear the emotional and financial burden of someone else’s blunder.

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