On 19 September 2024 the Care Quality Commission published its report on the state of Maternity Units in England.
The report was based on inspections of 131 Maternity Units over a two year period. It found 47% of services were inadequate or required improvement.
The findings reflect the work undertaken by specialist Clinical Negligence Lawyers.
The work undertaken by Roythornes regarding birth injury claims can be divided as follows: -
- Neo-natal death
- Traumatic birth injuries to the mother
- Traumatic birth injuries to the child
In all cases it is necessary to deal with the families sympathetically, obtain the full medical records and commission independent expert reports commenting upon the appropriate standard of care by reference to the relevant guidelines. Once this is done steps are taken to secure the right level of compensation for the families, although in the knowledge that this in no way can replace the loss of a child or extensive injury to the mother.
Neo-natal death
Clearly the death of a child in childbirth is unbelievably traumatic. If this is as a result of avoidable errors by the hospital then families need to know. Understandably this leaves the families, and especially the mother, with psychological injuries and the need for counselling. The Care Quality Commission refer to the numbers of mothers left with Post Traumatic Stress Disorder as a result of sub-standard care.
Traumatic Birth Injuries to the Mother
Traumatic Birth can include vaginal injuries or bladder and bowel injuries. Moreover the injured mother may require therapy or psycho-sexual counselling.
Traumatic Birth Injuries to the Child
In some cases the failure to monitor the child during pregnancy, prior to labour, can result in oxygen starvation to the child leading to Cerebral Palsy. As well as being traumatic for the mother, this necessitates a long-term assessment of the injury to the child over many years and the consideration of the appropriate milestones. Where these milestones have not been hit, consideration has to be given to the right level of care and rehabilitation which can extend to appropriate schooling or housing.
How Roythornes can help
Perhaps the most concerning element of the recent report was the suggestion that poor care could be “normalised”.
Whilst recommendations have been made for consideration by the Commission, in the meantime and until these recommendations are put in place, it is imperative that mothers and their families who have suffered as a result of negligence in the Maternity Unit should have the support and understanding of appropriately qualified Clinical Negligence Solicitors.