Just a THIRD of parents were given an apology by the NHS when their baby was born with a brain injury caused by avoidable errors
- Damning report found health service only said sorry to 35 per cent of families
- Quarter of parents not told child’s brain injury was result of substandard care
- Investigation looked at 96 cases where liability fell at feet of the health service
Just a third of parents whose babies suffered avoidable brain damage at birth were given an apology by the NHS, a damning report has found.
An investigation by NHS Resolution revealed only 35 per cent of families were given a formal apology despite failings by medical staff.
The report found midwives failing to act on abnormal heartbeats during labour was the leading cause of foetal brain damage.
It accounted for around 70 per cent of all cases referred to NHS Resolution’s early notification scheme.
The program involves hospitals alerting NHS Resolution where there is a potential legal claim for a child injured during birth.
Just a third of parents whose babies suffered avoidable brain damage at birth were given an apology by the NHS, a damning report has found (file image)
It is designed to provide swift answers for families while cutting the huge NHS compensation bill.
Experts from NHS Resolution then assess the cases and, where necessary, make an early admission of liability and give families financial and emotional support.
The study included 197 cases where NHS Resolution panel solicitors were instructed to investigate liability, with 96 cases examined in depth.
In 77 per cent of the cases, families were notified by the trust that an incident had occurred.
Only 35 per cent were recorded as having been offered an apology – something the experts described as ‘concerning’.
Just a third of families were invited to be actively involved in an investigation, while 43 per cent of families were informed of NHS Resolution involvement in their case.
Issues with foetal monitoring was a leading contributory factor in 70 per cent of the 96 cases.
In two thirds of incidents there were avoidable delays in delivering the baby, with around a third of mothers waiting over an hour despite problems being detected.
WHAT WERE THE LEADING CAUSES OF BRAIN DAMAGE DURING CHILDBIRTH?
The new study included 96 cases of brain damage at birth where substandard care was to blame.
Issues with foetal monitoring was a leading contributory factor in 70 per cent of cases.
In 60 cases (63 per cent) there were avoidable delays in delivering the baby, with around a third of mothers waiting over an hour despite problems being detected.
In nine per cent of cases, there was a difficulty delivering the baby’s head during a Caesarean section.
Babies suffering seizures due to medical emergencies in the mother – including dangerously low electrolytes – accounted for six per cent of cases.
Overall, the most common contributing factor in causing a delay was staff failing to escalate the problem, or a delay in acting on abnormal foetal heart rates.
In nine per cent of cases, there was a difficulty delivering the baby’s head during a Caesarean section.
Babies suffering seizures due to medical emergencies in the mother – including dangerously low electrolytes – accounted for six per cent of cases.
Before the early notification scheme was set up, the average length of time between an incident occurring and an award for compensation being made was 11-and-a-half years.
Health minister for maternity and patient safety Nadine Dorries said: ‘In the rare but devastating cases of brain injury in newborns, we’re determined to continually improve how we support affected families and ensure the NHS can learn immediate lessons to avoid future harm.
‘The early notification scheme is helping parents when they need it most, ensuring they get the explanation and apology they deserve and access to fair representation and financial support sooner.’
Helen Vernon, chief executive at NHS Resolution, said the health service owed it to families to learn from its mistakes.
She added: ‘We owe it to them to learn from these cases to prevent the same things happening again and to provide support, right at the start when it can make a difference.
‘This new approach is already delivering answers to families and recommendations for improvement to the NHS, cutting years out of the process and removing the prospect of litigation as a barrier to candour.’
Professor Lesley Regan, president of the Royal College of Obstetricians and Gynaecologists, said: ‘Every incident of avoidable harm is a tragedy for the family and distressing for the maternity staff involved.
‘Alongside the need to provide families with prompt interventions and more post-incident support for staff, this report highlights the urgent need to develop more clinical interventions to prevent these incidents from happening in the first place.’
Gill Walton, chief executive of the Royal College of Midwives (RCM), said: ‘Every incident of avoidable harm leaves families devastated and affects midwives and maternity staff.
‘Included in the report are recommendations around how women and their families are treated when things go wrong and also how staff can be supported, which is something the RCM really welcomes.
‘For the vast majority of women and their babies, the UK is a safe place to give birth. However, despite the fall in stillbirth and neonatal mortality, avoidable incidents do happen.
‘We want women and their babies to receive the safest possible maternity care so it’s vital we enable learning for improvements to safety and to reduce avoidable deaths.’
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