NHS Trust paid out £101 million over failings in maternity care, figures reveal

An NHS Trust has paid out £101million over more than 100 failings in maternity care, figures reveal.

Nottingham University Hospitals are currently the subject of a major inquiry as hundreds of baby deaths and injuries are being examined.

The NHS Trust, which covers Nottingham City Hospital and Queen’s Medical Centre paid out £85,518,419 in damages and £16,232,875 in legal fees between 2006 and 2023.

According to experts, lives could have been saved if the NHS Trust ‘invested more in learning from its mistakes.’

The figures show that NHS paid the money in relation to 134 cases of failings at the Queen’s Medical Centre (QMC) and City Hospital. Eighty-five million was paid in damages for families who were successful in proving their baby’s death or injury was a result of medical negligence.

The claimants’ legal fees amounted to £11m, and the trust’s own solicitors were paid £5m.

The concerning figures show more than half of the payouts went into covering costs for babies born with cerebral palsy due to medical failings. Cerebral palsy at birth is often caused by the baby’s brain temporarily not getting enough oxygen (asphyxiation) during a difficult birth.

The NHS has paid out for 22 of such cases, amounting to £53.1m in legal fees and damages in the last 17 years.

Stillbirth was the second highest figure at £4.6m, followed by successful claims of bowel damage (£3.4m), bladder damage (£2.2m) and fatality (£1.9m).

The claimants’ legal fees amounted to £11m, and the trust’s own solicitors were paid £5m.

One single mother, who cannot be named for legal reasons told the BBC she sued the trust over mistakes made during her son’s care which left him with cerebral palsy.

She described her legal battle as a “laborious process” during which she felt she faced prejudice for taking the NHS to court.

“Getting any sort of diagnosis for [him] when he was younger was a battle. As he got older, it became a thing that was brought up every time by professionals, that ‘she is suing the NHS’.”

According to the BBC, the case took more than 10 years to settle with a £6m one-off payment in the child’s name, and annual future payments running into tens of millions over his lifetime.

The mother described raising a teenage son with cerebral palsy as like “grieving for a child that’s still here”.

“He has to have enough money so when I’m not here, which is going to happen, he is being taken care of.”

Legal experts say the number of payouts at the trust suggests that not enough is being done to tackle the underlying causes of medical errors. In September last year, Nottinghamshire Police announced it would be investigating maternity practices at the trust, as 1,800 families are now involved in the investigation.

At the time, Chief Constable Kate Meynell said:

“On Wednesday I met with Donna Ockenden to discuss her independent review into maternity cases of potentially significant concern at Nottingham University Hospitals NHS Trust (NUH) and to build up a clearer picture of the work that is taking place.

“We want to work alongside the review but also ensure that we do not hinder its progress. However, I am in a position to say we are preparing to launch a police investigation

“I have appointed the Assistant Chief Constable, Rob Griffin to oversee the preparations and the subsequent investigation. 

“We are currently looking at the work being done in Shrewsbury and Telford by West Mercia Police to understand how they conducted their investigation alongside Donna Ockenden’s review and any lessons learnt.

“Now we have met with Donna Ockenden we plan to hold preliminary discussions with some local families in the near future.”

Head of Department, Carol Cook, who specialises in Medical Negligence cases said:

“More work needs to be done to prevent and learn from mistakes made. Failures in maternity care can cause a life-changing impact and this needs to be addressed by hospital Trusts.”

Clinical Negligence – maternity failings

If you or your child has suffered an injury or a fatality due to negligent maternity care you may be entitled to claim compensation for the damages.

Oakwood Solicitors Ltd’s specialist Medical Negligence department has an in-house team of solicitors and legal professionals dedicated solely to this area of law.

With over 24 years of combined experience, we are dedicated to assisting clients who have suffered physically, mentally, and financially as a result of negligent medical treatment.

Our specialist team pursues an array of medical negligence claims ranging from prescription errors and misdiagnosis to complex birthing injury and spinal claims and everything else in between.

Further reading

Child birthing injuries – Oakwood Solicitors

Mother birthing injuries – Oakwood Solicitors

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