Gloucester maternity services and the impact of new fixed costs rules
A recent Panorama programme focused on maternity and newborn services within Gloucester Hospitals NHS Foundation Trust. The programme contained interviews with mothers and clinicians who had worked in the trust who voiced concerns about standards and incidents they had witnessed. We are assisting parents who have experienced bad outcomes following labour and delivery at Cheltenham General Hospital’s standalone birth unit and at Gloucester Royal Hospital.
The programme focused on incidents which had occurred and questioned whether they had come about due to shortages in midwifery and obstetric staff. There were harrowing accounts from mothers who had suffered tragic consequences including stillbirth. Delays in bringing about delivery or inability to recognise signs of danger during labour may lead to harmful consequences.
On 6 April the government is changing the court rules to restrict recovery of legal costs. Unfortunately, this will severely limit the ability of families affected by stillbirth to find specialist solicitors to represent them to investigate where there are concerns about the standard of maternity and newborn care.
While a stillbirth is a devastating event and often causes severe psychological trauma for both parents, compensation is often not high because the outcome may not lead to major financial loss. Financial compensation can never be adequate in this situation, but it is the only legal remedy available, and an apology sometimes results from bringing a claim. An investigation through solicitors using independent medical experts is often the only way that families can find out what happened during labour and succeed in a claim. Such investigations are time-consuming and expensive and the government’s new Fixed Recoverable Costs scheme for lower damages cases will prevent a detailed investigation taking place for many new claims notified after 6 April.
Nick Tubb, clinical negligence partner at Shoosmiths, says: “Claims by parents where their baby has suffered brain damage or is stillborn are some of the most challenging and sad cases to investigate and prove. I hope that we will be able to find a way to continue to assist parents in investigating lower value claims for stillbirth after the changes in the costs rules, but it is very important that where an event has already occurred specialist legal advice is obtained before the change happens.”
Disclaimer
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2024
