Baby deaths expose faults in NHS baby care

The research also discovered NHS trusts in England have paid out more than £90million over stillbirth clinical negligence claims in the past 11 years.

The findings will be used to support a campaign involving lawyers, leading MPs and charities being launched today to improve safety in labour wards.

Leading patient safety expert Professor James Walker is calling for an overhaul of maternity care services. “Any stillbirth is a tragedy,” he said. “There will be many cases where improved care would have saved babies lives even though these did not meet the criteria for a legal claim or lead to a claim.

“These figures are very distressing and highlight the need for an urgent overhaul in the way maternity care is delivered.”

Prof Walker is an adviser on maternity care to the National Patient Safety Agency and the Care Quality Commission. He is also a former senior vice-president for the Royal College of Obstetricians and Gynaecologists.

He added: “Increasingly staff are being left to work alone and without back-up, support or supervision.

“There are also fewer maternity beds and a belief it is better for mothers to stay at home as much as possible. We need more compassion in our approach.”

The research, carried out by medical negligence law firm Lime Solicitors, asked every health trust in England for the number of medical negligence claims relating to stillbirths between 2012/13 and 2022/23.

It revealed there have been 933 claims paid to bereaved parents. A separate freedom of information request submitted to NHS Resolution showed trusts paid out £93million, including legal fees.

Previous Limes Solicitors research revealed the NHS spent £4.1billion over the 11 years settling lawsuits involving 1,300 babies who suffered brain damage during birth.

Donald Peebles, NHS national clinical director for maternity said: “Every loss of a baby is a tragedy and has a devastating impact on families, and while stillbirth rates have fallen, we know there is more to do to ensure all women and babies receive high-quality care before, during and after pregnancy.

“That’s why the NHS has provided extensive guidance for all maternity services, setting out how they can improve care and reduce the number of parents who have to face the tragedy of stillbirth and we’re determined to go further.”

Case study: Rahila Kausar

Mother-of-three Rahila Kausar, 38, has launched a legal claim against Sandwell and West Birmingham NHS Trust after her son was stillborn at 37 weeks and six days.

Rahila’s pregnancy was considered high risk having previously had a Caesarean section and diabetes.

In April 2022, she went to hospital because her waters had broken and she was bleeding. Despite her concerns and a scan indicating there might be reduced oxygen flow to her baby, sheCa was sent home with a plan for an induced labour the next day.

A scan the following day found her baby’s heart rate normal though there were still signs it may have a reduced oxygen supply. A scan later found no foetal heartbeat, and Rahila delivered her son stillborn the next morning. She said: “No one checked on me until it was too late. If they had just listened and acted sooner, my baby would still be here.”

A spokesperson for Sandwell and West Birmingham NHS Trust said: “We are investigating the circumstances around this extremely sad loss so we can respond accordingly.”