NHS Scotland pays £100million in maternity injury claims – “How many more lives will be ruined?”

This week it has been revealed that NHS Scotland has paid out nearly £100million in damages to victims of birth injury claims.

An investigation by The Herald newspaper, based on freedom of information data, found 12 of the nation’s 14 health boards paid a total of £96.2million over the last five years to people injured by maternity and obstetric negligence.

This included incidents such as babies developing cerebral palsy or mothers even losing their lives during childbirth.

Ruth Kelliher, Head of Clinical Negligence at Digby Brown and specialist in NHS compensation claims, fears patients will continue to be injured unless health boards invest in frontline care.

She said: “Maternity negligence can lead to some of the most traumatic consequences imaginable where babies may die or develop conditions like cerebral palsy and where some mothers will sustain serious injury or die during childbirth.

“I am not surprised that maternity claims account for a significant amount of all NHS compensation payments but it is highly likely that cerebral palsy claims account for much of this.

“These types of birth injury claims are among the most expensive civil actions not only due to the time they take to investigate and progress but also due to the high level of compensation families require to cope with home adaptations, future care needs and ongoing treatment for their injured child.

“Arguably though, the real concern is not how much is paid to all those affected by maternity negligence but why we are seeing so many people affected in the first place.

“Our hospitals should be among the safest public places in our country but time and time again we see the lives of children, parents and families devastated by the avoidable mistakes of staff who work in high-pressure situations while being undervalued, underpaid and over-stretched.

“Compensation payments account for a tiny fraction of NHS Scotland’s annual budget but this isn’t a problem officials can solve by looking at spreadsheets and money.

“Instead they should ask themselves ‘How many more lives will be ruined if we don’t make things better?’”.

The Herald’s full investigation can be accessed here. You can find further commentary on the costs of maternity negligence in Scotland here.