'It's been incredibly traumatic' - baby-loss parents

Jonathan and Robyn Davis are seeking compensation after their baby died aged 14 days

The parents of a baby who died at two weeks old are launching a compensation claim after a coroner ruled that failure to recognise his mother's rare medical condition contributed to their son’s death.

Robyn and Jonathan Davis from Steyning in West Sussex say they are seeking damages for the physical and mental impact following the death of their baby, Orlando, 14 days after he was born by emergency caesarean at Worthing Hospital in September 2021.

New figures obtained by BBC South East show £143 million has been paid in claims and legal fees for maternity cases on behalf of University Hospitals Sussex NHS Foundation Trust between 2006/7 and 2022/23.

Dr Tim Taylor, chief of service for the Women and Children’s Division said: “Our sincerest condolences go out to Mr and Mrs Davis, and I would like to repeat our apologies and regret for their devastating loss of Orlando, and any additional distress they experienced as a result of our investigation, or the inquest process.”

At an inquest in Chichester, West Sussex senior coroner Penelope Schofield found the baby's death was caused by a type of brain damage.

But she concluded this was contributed to by neglect, after clinicians failed to recognise that Mrs Davis had developed hyponatremia - a lower than normal level of sodium in the bloodstream - during labour.

'Birth injuries'

Mrs Davis, who is a former midwife, says it has been devastating.

She said: "We feel that we need some compensation for the damage that’s been done to our mental health and our physical health.

"I’ve been left with birth injuries that affect me day to day, eventually I will need surgery and I will need a lot of care for that", she said.

"It’s been incredibly traumatic."

Mr Davis said making a civil claim was a way "to get the trust to put their hands up and say they have failed you”.

“It’s the families that have to push that and that’s why it’s such a broken and sickening system.”

'Significant improvements'

New figures from NHS Resolution show the NHS has paid out money in relation to 180 obstetrics cases at the Sussex trust between 2006/7 and 2022/23.

The figure includes pay-outs at both Brighton and Sussex University Hospitals NHS Trust and Western Sussex Hospitals NHS Foundation Trust, before they merged in 2021.

Dr Taylor said: "Any occasion where a child or mother suffers harm is one too many.

"We realise how traumatic it is for a family to go through this, and our heartfelt sympathies go out to them.

"In recent years our teams have made significant improvements in the ways they work - a stronger triage system, investing in 40 more midwives, and providing urgent appointments for medically complex cases - so that mothers-to-be, children and mothers are safe in our care.”

'Long-term needs'

BBC South East's health correspondent, Mark Norman, said: "The Sussex trust has one of the largest maternity units in the country and compared to other trusts does not have an unusually high number of claims or indeed the value of claims."

He said the trust says the outcomes for mothers and babies at its hospitals are better than most others across England.

"Statistically it has seen significant reductions in neonatal deaths and still births in the last year."

He added: "But statistics and not going to comfort grieving and broken families who feel they are not being dealt in a way that acknowledges their pain."

At least 137 cases have also been settled at East Kent Hospitals University NHS Foundation Trust, which was the subject of a public inquiry into maternity failings.

BBC South East discovered 40 pay-outs at the two trusts related to stillbirths, and 36 cases, totalling £106 million, went into covering the costs of babies born with cerebral palsy.

Staci Liversedge, a medical negligence lawyer, says the biggest pay-outs tend to be for cerebral palsy to provide long term care for the child

Nationally NHS Resolution said obstetric claims accounted for 13% of clinical claims reported in 2022/23 but made up 64% of those claims by value.

Staci Liversedge, a clinical negligence lawyer who has represented families in East Kent, said compensation can cover the long-term needs of the children affected.

Sarah Hayes, Chief Nursing and Midwifery Officer, at East Kent Hospitals University NHS Foundation Trust said:

“We recognise the immeasurable impact on families when mistakes are made. The impact of these outcomes can never be altered and for this we are truly sorry.

“We would always encourage any families who have any ongoing concerns to contact us.”

'Tolerated as normal'

Last month an inquiry into traumatic childbirths called for an overhaul of the UK’s maternity and postnatal care.

The inquiry found poor care was “all-too-frequently tolerated as normal”.

The Conservatives say they are investing an additional £35 million over the next three years to improve NHS maternity safety through further training.

The Labour Party says it is committed to increasing the number of midwives and will also improve training and change the culture where mothers aren't being listened to and where staff are afraid to speak up for fear of repercussions.”

The Liberal Democrats say they plan to ensure maternity care is properly prioritised.

An NHS Resolution spokesperson said it aimed to resolve all compensation claims "quickly and fairly and on their individual merits".

The Green Party and Reform UK have been approached for a comment.