It was a very , very long , very painful process while trying to come to terms with what had happened . The fight was worth it because we have a package of care for him which means he ’ s safe , ultimately .
The stillbirth rate in the UK is still unacceptably high and there are over 500 maternity / birth related incidents per year in England . That number has sadly not been declining despite advances in medical knowledge , skills and technology . According to the BBC , this voluntary scheme is intended to settle complaints more quickly and allow medical staff to speak more openly about maternity care failings and learn from mistakes .
It was a very , very long , very painful process while trying to come to terms with what had happened . The fight was worth it because we have a package of care for him which means he ’ s safe , ultimately .
Health Secretary Jeremy Hunt announced that he wanted speedier resolutions and to get away from a ‘ blame culture ’, but insisted that parents who believe that medical errors have caused severe damage to their children , such as cerebral palsy or brain damage , would still be able to take their cases to court if they wanted to .
Part of the scheme will be a new national maternal and neonatal health quality improvement program for all trusts to exchange ideas and best practice . A similar scheme in Scotland was said to have been linked to a 19 % decrease in stillbirths over a 3 year period . It is also planned that there will be a consultation to develop a ‘ safe space ’ to allow clinicians to speak openly about things that go wrong without fear that information they disclose may be used against them in court or at professional misconduct hearings .
Commentators are saying that time will tell how successful the SMC action plan will be , but if at least some of the plan is successfully implemented across the NHS in England , it will lead to many more lives being saved and more children protected against serious harm during birth .
Alongside the SMC action plan , the DoH also announced a consultation on a new Rapid Resolution and Redress (‘ RRR ’) scheme , aimed at investigating and learning lessons from incidents during births and in cases where harm was avoidable without families having to pursue a medical negligence claim . The BBC reported on the case surrounding a little boy called Felix , who was born prematurely at the Royal Surrey County Hospital and developed complications soon after . Sadly , his condition , Jaundice , was not spotted and treated early enough . Felix ’ s condition worsened and he suffered brain damage . Now aged 14 , Felix is wheelchair bound and has uncontrollable spasms due to cerebral palsy . His parents pursued a claim against the hospital and won . His mother , Victoria , told the BBC : ‘ It was a very , very long , very painful process while trying to come to terms with what had happened . The fight was worth it because we have a package of care for him which means he ’ s safe , ultimately ’.
This story is familiar to the specialist medical negligence team at Mayo Wynne Baxter , as we deal with many cases such as Felix ’ s , and know how long and drawn out the process can feel to parents . But nevertheless , we know that it is a vitally important process , if we are to ensure that our clients are to achieve the best package of care for them . Often there is a failure by the NHS Trust to make early admissions which leads to delays .
Jeremy Hunt said “ Currently , families could wait more than 11 years for a court settlement .” Although this may be true in some instances , the reason these cases are lengthy is because they cannot be concluded until the child is old enough for the court to be able to safely predict what their future needs are likely to be . Numerous experts are needed to assess the needs of the child , and it is our role as medical negligence specialists to ensure that the children , who have suffered very serious injuries , achieve the best possible settlement , so they can be supported financially for the rest of their lives .
Mr Sharghy , a Barrister at 9 Gough Square , warns that whilst the action plan and scheme are to be welcomed , they must meet some basic standards in order to succeed . He feels that the scheme must have the child and his / her family at the heart of the scheme ; it must be sufficiently independent , robust and draw on expertise so as to be able to investigate and determine whether cases meet the criteria for compensation ; it should award compensation based on actual needs rather than a ‘ capped ’ amount or arbitrary assessment ; it must guarantee on going ( including life-long ) access to the services that the child and his / her family need , whether from the state or via private providers ; and the family must have access to specialist legal and medical advice to empower them in the investigation and determination of their case . Mr Sharghy concludes that it is also imperative that families retain their civil right to resort to legal action if they need to and to provide them with a process to independently challenge any determination .
It is widely felt that whilst the DoH consultation on the RRR scheme is a positive step , and if it works , then families should benefit from prompt and reasonable compensation , without having to endure a lengthy legal process . However , it is important that severely disabled children and their families are not disadvantaged as a result . Therefore , whilst the proposals are certainly welcome , most commentators appear to remain doubtful about the promises being made , and the success of the two schemes will remain to be seen . It is not yet known what awards of damages may be made- will they be sufficient to meet the child ’ s needs for their lifetime ?
By Hannah Baty
21