Medical negligence solicitor Scott Haslam looks at how the possibility of coroners being able to investigate stillbirths through inquests could mean access to justice comes ahead of cost cutting.
The Health Secretary Jeremy Hunt has called for changes to the legal system to allow coroners the power to investigate stillbirths in a bid to tackle Britain's poor maternity safety record.
Currently, Britain has one of the worst stillbirth rates in the western world according to international studies, and is facing a record £2bn negligence bill fuelled by childbirth errors - many potentially linked to staffing shortages and lack of resources.
Scott said: “At the present time, coroners can only ordinarily investigate deaths of babies who show signs of life after being born.
“It is an injustice that coroner’s haven’t had the power to investigate these deaths in the past.
“This issue has not had much press coverage as only high value claims tend to be reported. The highest settlements are usually paid when babies are born with a brain injury. This compensation is expected to cover the costs of life-time care.
“However when babies are stillborn, currently the only way to get answers is through a clinical negligence claim and most of the time bereaved parents simply don’t wish to take such a step, particularly given that they do not qualify for compensation to mark their bereavement. This is yet another barrier to accessing justice and restricts the NHS’ ability to learn from these mistakes.”
The bereavement award is the payment fixed by law for the grief and trauma suffered when someone dies due to the actions of someone else.
It is currently set at £12,980 but only available in very limited circumstances. In circumstances where a child dies as a result of negligence, their parents will normally be entitled to compensation for the child’s pre-death pain and suffering and the cost of the child’s funeral. Their parents will also receive the bereavement award in recognition of their loss. Parents of stillborn babies, even at full-term, do not receive such an award. As such, there is no formal recognition of the parents’ grief.
Scott added: “At this time parents want honest answers from an independent investigator as to what happened. Currently so many parents are denied this, adding to the agonising situation they are already experiencing.
“Parents want answers but also confirmation that lessons will be learnt so that no-one else has to go through the same experience and heartbreak. We would welcome any attempt by the NHS to learn from its mistakes and to improve patient safety.
“The news that coroners could see such cases is a step forward, but we still require a change in law before this can happen. This will not, however, result in the parents of stillborn babies receiving a bereavement award and this clearly needs looking at.
“We need to open the debate about other situations where people are entitled because at the moment there is no recognition of the grief caused by negligence.
“We often talk about a compensation culture but such a change would not increase the number of claims but it would end the inequality in bereavement damages.”
If agreed, the legislative changes, which could be in place by 2025, could see 1,000 cases of death and severe brain injury undergo independent investigation each year, led by a new NHS safety body the Healthcare Safety Investigation Branch. The changes could also see around 4,000 lives saved each year by detecting risks earlier.
New research shows four in five cases of baby death, brain injury and stillbirth might have been avoided with the right care.
In 36 per cent of cases, shortages of staff, or space in delivery rooms were a key factor, the audit by the MBRRACE-UK collaboration found.
The Government had pledged to halve rates of stillbirths, neonatal and maternal deaths and brain injuries by 2030, after an international study in 2011 showed Britain’s rates were 33rd out of 35 in the developing world.
Half of all litigation claims against the NHS are now maternity related, with 50 maternal deaths linked to pregnancy annually.
For further advice on medical negligence matters and inquests call Wake Smith Solicitors on 0114 266 6660.
