Birth injuries are the reason behind the massive NHS medical negligence compensation bill
The rising cost of NHS medical negligence compensation payments relates largely to severe medical negligence cases involving babies starved of oxygen at birth.
The NHS bill for damages in the more serious medical negligence cases alone over the past 14 years is a staggering £1.8 billion, covering a range of negligent injuries, according to figures released via freedom of information requests.
A total of 604 patients received compensation of £1 million or more through the Clinical Negligence Scheme for NHS Trusts which was set up in 1996 for injuries resulting from negligent NHS care.
And by far the most common cause of these huge compensation payouts was negligent care during maternity. In 314 cases babies were left with cerebral palsy a form of paralysis caused by brain injury during birth.
Obstetrics, which deals with childbirth and maternity, was the area of NHS care which was at fault in a further 343 of the bigger injury compensation claims.
One of the largest personal injury compensation payouts went to a ten year old boy who was awarded £7.1 million by a court after medical negligence left him with severe brain damage from birth.
Another recent case relates to a NHS trust which agreed to a £9.7 million compensation payout for a child left badly disabled by injuries he sustained at birth. Because medical staff did not deliver him quickly enough after he got into difficulties he was starved of oxygen and consequently is disabled and suffers daily epileptic fits, meaning constant care is required for the remainder of his life.
The issue of long term care is important in the biggest injury compensation payouts made by the NHS in recent years as a result of hospital negligence.
The most severe cases have tended to involve birth-related injuries where babies are deprived of oxygen, leaving them with conditions such as cerebral palsy. The high level of the compensation awards results from the very severe nature of these injuries to babies who then will require long-term care, effectively requiring care for the rest of their lives.
Freedom of Information requests revealed a total of 137 cases of brain damage leading to £1 million plus personal injury compensation payouts.
In many cases, medical negligence compensation cases are settled in relation to incidents occurring many years ago. Such cases of negligent care resulting in compensation have also included needless lower limb amputations and patients left as paraplegics and quadriplegics; as well as blindness, nerve and spinal damage.
West Hertfordshire Health Trust has the highest personal injury compensation payout bill with 13 cases totalling £37,023,815.
The staggering figures are widespread across the country. The NHS in Scotland alone is spending record amounts on compensation claims.
The Freedom of Information statistics show that in 2008 to 2009, a total of £31.9m was paid in compensation, the majority of the compensation cases resulting from clinical and medical negligence.
Large sums were awarded by NHS Lanarkshire and NHS Lothian, both paying out more than £10 million during the period 2009 to 2010.
Susan Brown a leading medical negligence and birth injury lawyer said: "The sums paid to individual children seem huge, but these children will usually have very considerable special needs throughout their lives with many having life expectancies into their 70's and beyond. They often require care and assistance with all aspects of daily life as well as adapted accommodation, a range of therapies and specialist equipment. The tragedy is that standards of maternity care don't seem to be improving and babies continue to suffer brain injury."
Click here to read about some of the birth injury cases we have settled.
Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.
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