Arriving hot on the heels of Donna Ockenden’s report highlighting the scale of problems at Nottingham University Hospitals NHS Trust, the final report from the national investigation into maternity and neonatal care led by Baroness Amos is bleak indeed. The review investigated 12 NHS Trusts and considered the experiences of thousands of women, their families, and hospital staff. The findings are stark, with Baroness Amos stating ‘we cannot continue like this’ …’there is absolutely no justification for the tragic cases of unsafe care and avoidable harm we continue to see in England.’ Having acted for children and mothers injured as a result of poor care for over 30 years, I find the lack of progress shocking. I would not have believed at the start of my career that maternity services would be in the state that they are now.
The recurring themes are deeply familiar — women and their families not being listened to, inequalities in care driven by discrimination and racism, and a lack of clarity and failures to learn when things go wrong. The report notes families who have suffered harm losing trust. A lack of openness and accountability to families in the aftermath of tragedy is something I have encountered far too often when acting for families of children injured at birth. The report also highlights the fragmented nature of maternity care and the critical importance of taking a joined-up approach to managing healthcare. Both the Amos and Ockenden reports point to the same fundamental issue: women must be listened to.
The Government’s response includes the creation of the UK’s first ever Maternity and Neonatal Commissioner, intended to ensure the voices of women are always heard, alongside an additional £41 million investment in safety improvements and new national standards for maternity triage to end the postcode lottery in care. Secretary of State James Murray has described this report as a turning point, and it simply must be.
about the author
James is the head of our Medical Negligence and Personal Injury practice, having joined the firm in February 2023. He has worked in medical negligence and personal injury for more than 30 years. Throughout his career, he has handled a very wide range of negligence claims, including delayed diagnosis, birth injuries, anaesthetic injuries, surgical errors, GP and hospital negligence, all types of orthopaedic claims — including complex hip and knee replacement surgery cases — and all types of cancer cases.
