Trust pays out £11m in negligence claims for childbirth and maternity failings at Bedford and Luton hospitals

It comes weeks after Bedford Today revealed enforcement action was being taken against the trust after a damning report by the Care Quality Commission. The regulator “found a decline in the quality of maternity services at both hospitals”.

An investigation by Legal Expert has revealed the trust has settled 37 claims relating to babies with brain damage and mother or baby deaths lodged against it since 2019; and had to fork out £11,448,510 in damages – not including legal costs.

We approached Bedfordshire Hospitals NHS Foundation Trust for comment last week.

The research was conducted in the wake of the UK’s first-ever parliamentary inquiry into birth trauma earlier this year which heard harrowing evidence from 1,300 women. Some said they were left in blood-soaked sheets while others said their children had suffered life-changing injuries due to medical negligence.

Information obtained via Freedom of Information Requests revealed a total of 91 childbirth and maternity clinical negligence claims and incidents were reported against various trusts to NHS Resolution, which handles negligence cases on behalf of the health service.

Obstetric figures obtained by Legal Expert show a total of 66 claims have been closed or settled by the trusts between 2019-20 and 2022-23. In the same period, the NHS Trusts paid a combined total of £19,917,413 in compensation alone.

Clinical negligence claims and incidents across all NHS Trusts in the last five years include 484 relating to babies with brain damage, 471 stillbirths and 342 mother or baby deaths.

Of those claims settled, £980 million was spent on compensation for cerebral palsy-related claims and a further £600 million was paid out for claims pertaining to brain damage caused by obstetric negligence.

The leading cause of negligence according to the claims and incidents reported to NHS Resolution during this time include; Fail/delay in treatment and diagnosis as well as failure to respond to abnormal Fetal Heart Rate.

Earlier this year, Conservative MP, Theo Clarke and Labour MP, Rosie Duffield, co-chaired the UK’s first-ever parliamentary inquiry into birth trauma, calling for an overhaul of maternity and postnatal care after finding poor care is “all-too-frequently tolerated as normal.”

A key recommendation in its report was for a new maternity commissioner who would report directly to the Prime Minister, along with ensuring safe levels of staffing.

According to NHS Resolution, “maternity claims represent the highest value and second highest number of clinical negligence claims.”

Legal Expert offers specialist advice and support regarding birth injuries and maternity negligence claims and operate a 24-hour helpline.