Can NHS negligence be the reason for death of newborn babies?

The NHS trust hospital NUH in Nottingham is being fined £1.6 million due to six counts of failure to provide treatment and safe care. Three newborn babies died under their care due to what are believed to be preventable causes. So, to what degree is the NHS responsible for their deaths?

The NUH Trust pleaded guilty to the six counts of failing to provide treatment and safe care. District Judge Grace Leong stated: “They placed their trust in a system meant to protect expectant mothers and keep babies safe – and that trust was broken.” The Judge stressed the emotional torment the families will suffer as a result of the lack of care the NUH provided, “The grief of a baby is not just about the past, it is about the future that is stolen.”

Originally £5.5 million, the fine was reduced to £1.6 million due to the financial state of the Trust. It is the largest fine for maternity failings in the history of the NHS. The Judge administered the fine with the knowledge that the Trust was in financial duress, operating at a deficit of approximately £100m. Leong stated: “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.” The fine reflects the struggles the families have undergone, attempting to provide retribution for their losses.

Quinn Parker was only a day old when he died due to multiple organ failure and lack of oxygen to the brain. Adele died after 26 minutes because of severe intrapartum hypoxia. Kahlani Rawson suffered a brain injury during the emergency C-section and died four days later

The three babies who died under the care of the NHS were Quinn Parker, Adele O’Sullivan and Kahlani Rawson. The six counts included the three babies and their mothers who were neglected by the NUH Trust. Quinn Parker was only a day old when he died due to multiple organ failure and lack of oxygen to the brain. Adele died after 26 minutes because of severe intrapartum hypoxia. Kahlani Rawson suffered a brain injury during the emergency C-section and died four days later. All three babies were neglected by the NHS Trust and their deaths could have been prevented had they been correctly cared for by hospital staff. A lack of communication and training amongst hospital staff resulted in the spread of misinformation, preventing the babies and mothers from receiving the correct treatment.

Emmie Studencki endured hours of excessive bleeding before the birth of her son, Quinn. When paramedics examined her, Studencki had lost approximately 1.2 litres of blood. However, only 200ml of blood loss was recorded by hospital staff. Daniela had had a high-risk pregnancy but was only examined eight hours before the birth of her daughter, Adele. Ellise Rawson reported abdominal pain and reduced fetal movements but did not receive her emergency C-section in a timely manner as she should have. These failures in the care of mothers and their babies reflect a lack of concern from the hospital, all of which could have been prevented.

District Judge Grace Leong highlighted the hospital staff’s mistakes in expressing the “catalogue of failures” in the hospital’s maternity unit, relaying that the mistakes were “avoidable and should never have happened”

All three mothers suffered from placental abruption, a potentially fatal condition, which could’ve been prevented if the hospital staff had intervened earlier and given the patients the care they needed. District Judge Grace Leong highlighted the hospital staff’s mistakes in expressing the “catalogue of failures” in the hospital’s maternity unit, relaying that the mistakes were “avoidable and should never have happened”.

The fine was severe, as the NUH Trust has a history of failing to provide safe care for newborns and has been prosecuted twice before. In 2019, Sarah and Gary Andrews lost their daughter Wynter after 23 minutes. The NHS was fined £800,000 in 2023. Wynter’s parents expressed their disappointment with the Trust when Quinn, Adele, and Kahlani died confirming their suspicions of the Trust’s incompetence. They said: “All along, Wynter’s death was not an isolated incident.” The previous failure of the NHS illustrates a lack of change and improvement.

NUH chief executive, Anthony May, stated: “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. We fully accept the findings in court today and have already implemented changes to help prevent incidents like this from happening again.” May created a 100-day plan with seven key areas he wants to prioritise; emergency pathways and flow through the hospital, maternity services, culture and leadership, recruitment and retention (including working conditions), elective catch-up, and other aspects of recovery from Covid, quality, safety and patient experience, and partnership and integration. The trust was fined at Nottingham Magistrates’ Court after they pleaded guilty to charges under the Health and Social Care Act 2008, due to failure to provide safe care resulting in a significant risk of avoidable harm as well as actual avoidable harm.

After the death of the three babies under the Trust’s care, May recognises that the Trust is responsible for their deaths and admits to the maternity unit needing improvements to prevent such tragedies from occurring in the future

The charges were brought forward by the Care Quality Commission (CQC). After the death of the three babies under the Trust’s care, May recognises that the Trust is responsible for their deaths and admits to the maternity unit needing improvements to prevent such tragedies from occurring in the future. “The Trust recognises the concerns raised by the CQC and has acted upon them to improve the services we provide to women and families in our care. The changes that we have made mean that we are working in a different environment than 2021, and we believe that we now have a safer and more effective maternity service. This was reflected in the CQC report published in September 2023, where the overall rating for our maternity services was improved. The CQC recognised that CTG monitoring for women, which was highlighted as an area of concern in these cases, was now completed appropriately and was documented in line with national guidance.” The Maternity Improvement Programme helps to upkeep the improvements the Trust has made and ensures that other improvements are made, including working conditions, increased foetal monitoring and investment and training into the development and recruitment of maternity staff.

The NHS are partially responsible for the deaths of these babies and the Trust running ineffectively has resulted in the deaths of three newborns. The Trust is currently working to improve and wants to put a stop to any more preventable fatalities in their maternity unit. The fine aims to provide the families of the newborns some comfort after their losses and experiences with this Trust, holding the NUH Trust accountable for their actions.