Blog
The FCA’s Enforcement Watch 2 and what it means for the financial services industry
James Alleyne
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.
After four years, the much-awaited government-commissioned independent review of maternity services at Nottingham University Hospitals NHS Trust has been completed and published. Led by Donna Ockenden, the review was prompted by significant concerns about the quality and safety of maternity services at the Trust.
I am extremely pleased to see the continuing roll-out in the UK of Martha’s Rule (see our previous articles on this topic here, here and here) and that a recent NHS England report demonstrates that the rule is having a very positive impact. Patient empowerment and clear communication, the embodiment of this rule, are critical components in avoiding medical accidents and poor outcomes. I am particularly keen to see the implementation of this rule being extended to maternity and neonatal settings, an area where, as a specialist birth injury lawyer, I see avoidable harm all too often.
This year, World Cerebral Palsy Day falls on 6 October with a theme of ‘#Unique and United’. The Kingsley Napley Medical Negligence and Personal Injury team strongly support the vision of this global movement - which is about recognition of the 50 million people who are living with cerebral palsy and striving for a more accessible and inclusive world.
Legal claims for hypoxic brain injuries during birth – caused by a disruption in oxygen supply - remain prevalent. These injuries can have a devastating impact and lead to lifelong conditions including Cerebral Palsy. Indeed, claims relating to brain injuries sustained during birth account for a significant percentage of the total value of clinical negligence damages paid out each year. This is because the average amount of damages for such cases is very high, not infrequently running to tens of millions of pounds, with some impacted children having lifelong needs for care, treatment, equipment and housing. Nonetheless, claims for clinical negligence in this area can be particularly thorny to prove. In this article I consider when the doctrine of ‘material contribution’ – said by the Court of Appeal to have been ‘bedevilled by apparent inconsistency’ – may apply to hypoxic birth injury cases where the window for avoiding injury can be short. Does every minute really count?
James Alleyne
Oliver Oldman
James Alleyne
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