Saturday, September 23, 2023

NHS Consider fined £800,000 for maternity care failings | Clinical Negligence and Non-public Harm Weblog | Kingsley Napley


In an extraordinary felony prosecution through the Care High quality Fee (CQC), previous this yr Nottingham College Hospitals NHS Consider (NUH) was once ordered to pay a report breaking high-quality after admitting failings within the care of a toddler who died mins after start.

Wynter Sophia Andrews died on 15 September 2019, 23 mins after she was once born through emergency caesarean on the Queen’s Clinical Centre. She suffered a lack of oxygen to the mind following an an infection and umbilical twine compression throughout labour. The inquest into her loss of life concluded there was once a “transparent and obtrusive case of forget” and “gross failings” ended in her avoidable loss of life. If she have been delivered previous, its most probably her loss of life would were averted.

The next CQC investigation discovered more than one failings and neglected alternatives within the control of her mom, Sarah Andrew’s, being pregnant and in Wynter’s supply, together with:

  • Inducing labour at 37+1 weeks for ‘inadequate and undocumented’ causes
  • Failing to recognize Sarah’s considerations concerning the induction of labour
  • Lacking indicators of high blood pressure which will have to have caused obstetric-led care and steady tracking of Wynter’s middle charge
  • Administering diamorphine to Sarah with out following correct processes
  • Failing to ship Wynter in time. Wynter’s CTG readings will have to have caused an emergency caesarean phase and supply inside 60 mins. Wynter was once no longer born for an additional half-hour and died 23 mins later.

The Consider pleaded to blame to 2 offences of failing to supply secure care and remedy to a mom and her child. Sentencing NUH at Nottingham Magistrates Court docket, Pass judgement on Grace Leong mentioned:

“{The catalogue} of failings and mistakes uncovered Mrs Andrews and her child to an important chance of injury which was once avoidable, and such mistakes in the long run resulted within the loss of life of Wynter and post-traumatic rigidity for Mrs Andrews and Mr Andrews.”

“My review is that the extent of culpability is top, the place offences on Wynter and Mrs Andrews are involved. There have been methods in position, however there have been such a lot of procedures and practices the place steerage was once no longer adopted or adhered to or carried out.”

Sadly, the pass judgement on’s feedback may just follow to a lot of our shoppers’ reports. Whether or not because of workforce shortages, administrative center tradition or normal underinvestment in services and products, all too continuously nationwide pointers and procedures aren’t correctly adopted, resulting in tragic results for households.

Along with the felony conviction, the Consider is lately matter to an unbiased assessment of its maternity services and products, led through Donna Ockenden. Ockenden’s earlier document into the Shrewsbury maternity failings made for surprising studying.

Vital considerations about NUH maternity services and products have been raised following an investigation through the Impartial and Channel 4 Information. From 2010 to 2020, they discovered that 46 small children had suffered mind harm at start, 19 small children have been stillborn and 15 had died.

Worryingly, on the nationwide stage, the CQC has additionally famous a deterioration in ladies’s maternity care reports during the last 5 years. Many ladies document that they didn’t get the lend a hand they wanted throughout labour and start, and that they didn’t really feel listened to after they raised considerations.

Following the judgment in opposition to NUH in January, Sarah and Gary Andrews spoke movingly out of doors the courtroom:

“This sentence isn’t only for Wynter however it’s for all of the different small children that experience long gone sooner than and after”

We are hoping that the felony conviction might be a warning sign for maternity services and products around the nation, encouraging Trusts to hear ladies and put into effect the teachings realized.

We should additionally recognise that felony prosecutions of NHS Trusts are an overly blunt instrument during which to lift requirements of care.  Health center managers should focal point on sources, coaching problems and staffing ranges, and be sure that they absolutely strengthen maternity departments to steer clear of repeated mistakes of this nature.


If you want any longer data or recommendation concerning the subject mentioned on this weblog, please touch Laura Sylvester, Chloe Jacot or our Clinical Negligence and Non-public Harm staff.



Laura Sylvester is a Spouse within the Scientific Negligence Division. She has a huge vary of experience, with explicit focal point on mind harm claims in terms of kids with cerebral palsy. Laura additionally has a distinct pastime in colorectal/belly and gynaecology claims. She has additionally evolved a specialism in overdue prognosis of an infection instances and deadly claims and has an lively caseload together with instances of this nature. 

Chloe Jacot is a trainee solicitor at Kingsley Napley and is lately endeavor her first seat within the Clinical Negligence and Non-public Harm staff. Chloe assists solicitors in litigating various complicated clinical negligence instances, together with start and spinal accidents. She volunteers for the Motion In opposition to Clinical Injuries helpline, advising people who have sustained an harm on account of clinical negligence.



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