Following reports last week that Nottingham University Hospitals NHS Trust (NUH) had admitted to six counts of failing to provide safe care and treatment to three babies and their mothers, the resulting sentence has now been decided.
Nottingham University Hospitals handed largest ever fine for an NHS Trust for maternity care
NUH has been fined £1.6m for “avoidable failings” connected to the deaths of three babies in 2021.
Adele O’Sullivan, Kahlani Rawson, and Quinn Parker died shortly after their births while under the care of NUH.
On Monday, NUH admitted to six counts of failing to provide safe care and treatment to the babies and their mothers. This came following a prosecution brought by the Care Quality Commission.
The fine is the largest ever for an NHS Trust for maternity care.
NUH is the first Trust to be prosecuted by the Care Quality Commission more than once. It was previously fined £800,000 in 2023 for failures in the care of Wynter Andrews.
Significant financial penalty
It was reduced from £5.5m due to NUH’s financial position and their guilty pleas.
The Court heard about the financial position of NUH with the Judge commenting that she was “acutely aware” that all its funds as a publicly funded body were accounted for and that the Trust was operating at a deficit of around £100m.
The Judge went on to say:
“I can’t ignore the negative impact this will have…but the significant financial penalty has to be fixed to mark the gravity of these offences and hold the Trust to account for their failings.”
NUH were also ordered to cover the prosecution costs of £67,755.23.
Trust in the service had been broken
At the hearing on Wednesday (12th February) to determine the outcome, family members broke down as district Judge Grace Leong expressed her “deepest sympathy” to each of them.
She acknowledged that the Trust each family had put into NUH to deliver their babies safely had been broken.
In a statement read out on behalf of the family of Quinn Parker, it was said that:
“Quinn died from a long list of failings and [his mother]’s life was put at risk…Some failings so basic, that a passing stranger on the street would have provided better attention to, and quality of care.”
Catalogue of failures
At the hearing, the Judge said there were similarities among the “catalogue of failures” across the three cases.
In all three cases, the mothers suffered a placental abruption, which is a serious condition in which the placenta starts to come away from the wall of the womb.
The Court heard about failures in care including staff being inadequately trained or equipped to interpret cardiotocography (CTG) results, failure to expedite delivery of babies, failure to recognise serious conditions, and a handover process which was not up to standard.
The Judge told the hearing that the failures were “avoidable and should never have happened”.
The Judge added that the families of the babies…
“…placed their trust in a system meant to protect expectant mothers and keep babies safe – and that trust was broken.
“Three and a half years have gone by, yet for the families, no doubt their grief remains as raw as ever and a constant presence in their lives that is woven into every moment.
“It is very difficult, if not impossible, to move on from the failures of the Trust and its maternity unit.
“The weight of what should have been done different will linger indefinitely.”
No families should have to endure these things
Following the hearing, Chief Executive of NUH, Anthony May, said:
“The mothers and families of these babies have had to endure things that no family should after the care provided by our hospitals failed them, and for that I am truly sorry.
“Today’s judgement is against the Trust, and I also apologise to staff who we let down when it came to providing the right environment and processes to enable them to do their jobs safely.”
He went on to say that improvements are being made and that hearing the families in Court gave the Trust more “incentive” to improve.
Comment
The seriousness of the failings in care by NUH in these cases is certainly reflected in the level of fine imposed and highlights the gravity of the issues.
The families have been through so much over the last three years and have had to hear that a catalogue of failings took place, which could have been avoided. This must be heartbreaking for them, and it can only be hoped that by finally having clear answers, accountability, and a severe outcome, the families can start to process their loss and grief.
They will inevitably be forever impacted and changed by what they have had to experience, and it is right to say that no family should ever have to endure this.
NUH say that improvements are being made but it will need to be consistent and enduring for there to be any hope of restoring trust and faith in their maternity services.
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Danielle Young is a Legal Director in our Medical Negligence team, which has been ranked in tier one by the independently researched publication, The Legal 500.
If you have any questions in relation to the subjects discussed in this article, then please get in touch with Danielle or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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