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The FCA’s Enforcement Watch 2 and what it means for the financial services industry
James Alleyne
Incidents of babies suffering brain injuries associated with impacted fetal head (IFH) at caesarean section have been rising in recent years with a corresponding increase in claims for medical negligence. Despite this there is no consensus among the medical community about how to manage these births.
In a rare criminal prosecution by the Care Quality Commission (CQC), last month Nottingham University Hospitals NHS Trust (NUH) was ordered to pay a record breaking fine after admitting failings in the care of a baby who died minutes after birth.
Wynter Sophia Andrews died on 15 September 2019, 23 minutes after she was born by emergency caesarean at the Queen’s Medical Centre. She suffered a loss of oxygen to the brain following an infection and umbilical cord compression during labour. The inquest into her death concluded there was a “clear and obvious case of neglect” and “gross failings” led to her avoidable death. If she had been delivered earlier, its likely her death would have been prevented.
The Early Notification Scheme (ENS) is run by NHS Resolution, the organisation which deals with legal claims against the NHS. It was introduced in 2017 to provide a new approach to compensating those who have suffered an injury at birth due to negligence. Traditionally, where a child is injured at birth and the family wishes to pursue a claim they would instruct a solicitor and a legal claim would be started. Such claims can take a long time to resolve issues of liability and incur very large costs.
James Alleyne
Oliver Oldman
James Alleyne
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