Wednesday, 31 October 2012

Junior staff are 'missing complications' during birth leading to billions of pounds worth of claims

Junior doctors and midwives are missing serious complications in women giving birth and are failing to call in senior staff leading to 'staggering' litigation costs of £3.1bn over the last ten years, a report has warned.

Senior staff and consultants must be available on the labour wards 24 hours a day in order to supervise junior doctors and midwives and reduce mistakes, said the report from the NHS Litgiation Authority.

The authority released data on medical negligence claims made in relation to mistakes in births between 2000 and 2010 and found that 'junior doctors and inexperienced midwives were often involved...without adequate assistance from senior clinicians'.

Experts said the report was 'staggering' and a wake-up call for all those involved in maternity care.

David Richmond, vice president at the Royal College of Obstetricians and Gynaecologists, said: "Urgent action is needed."

The 5.5 million babies born in England between 1 April 2000 to 31 March 2010, resulted in 5,087 maternity claims, involving payouts of £3.1bn, including legal fees.

However claims can be submitted many years after the birth as disabilties and their causes are identified, so claims relating to births in this period are expected to rise further.

The most frequent mistakes cited in claims involved management of labour including failure to recognise the baby was in distress from fetal heart monitoring equipment or delay in acting; caesarean section including mistakes and delays and cerebral palsy, where the baby is starved of oxygen at birth and sustains brain damage, often requiring life-long care.

Other claims related to missing abnormalities on antenatal scans, drug errors, maternal deaths, damage to the mother, shoulder injuries to the baby, womb rupture and stillbirth.

The report said: "Unfortunately, many of the same errors are still being repeated."

Claims have risen faster than the increase in the number of births.

Figures from the NHS Litigation Authority show that maternity claims rose from 767 in 2003/04 to 1,040 in 2011/12. An increase of about 36 per cent, twice in the rise in the number of births over the same period.

The report concluded: "This study has shown that claims arising from maternity units continue to be the single most costly type of litigation claims managed by the NHSLA. With increasing future care costs, the size of these awards is only likely to increase."

It added that 'litigation represents the tip of the iceberg when considering incidents of error' because only the most serious and most damaging mistakes result in claims and payouts.

Cathy Warwick, chief executive of the Royal College of Midwives, said: “The biggest issue behind these claims is that most of the lessons to be learned from them are not new. It is tragic that the same problems reoccur in our maternity services year on year.

“Ensuring our maternity teams have regular education and training is key to ensuring safer care. We know that midwives sometimes struggle to get access to training because of staff shortages and budget cuts. This has got to change and access to training has to be protected.

“We also need to ensure minimum staffing standards as advocated by the Royal College of Midwives and the Royal College of Obstetricians and Gynaecologists are in place. High quality assessment of women, good communication, team working and one-to -one care in labour are key components of safe care. Inevitably all of these suffer if staff are overstretched.”

The Royal College of Obstetricians and Gynaecologists have already called for more consultant presence on the wards in order to have a 'consultant delivered' service.

It ha been calculated that between 750 and 1,000 extra consultants would be needed.

Dr Richmond added: “The NHS LA report is staggering in its stark facts and the reality of the enormous costs of maternity litigation.

"Hidden behind the financial burden are countless stories of tragedy to individuals and families, which are not included in this report.

"This is a serious wake-up call to all with responsibilities in providing maternity care, whether as providers, commissioners or regulators. Urgent action is needed to further improve the safety of clinical services for women and their babies.

"Our most recent reports High Quality Women’s Health Care and Tomorrow’s Specialist make a strong case for the NHS to move to a consultant-delivered service so that trainee doctors receive adequate support and women have access to qualified specialists throughout the day and night.

"As a true 24/7 emergency discipline, surely it is time to recognise that fully trained doctors must be available on site throughout the day and night.

"This supports earlier recommendations from RCOG reports* of the need for greater consultant presence on the labour ward. Parallel increases in midwifery numbers at the appropriate grade are also needed.

"The cost of fully staffing the units in England and Wales would be around half the cost of litigation per year and would contribute to reducing the claims considerably."

Mike Farrar, Chief Executive of the NHS Confederation, said: "This is an important and helpful report. We are fortunate in this country that maternity care is relatively safe but to keep it that way the NHS has got to keep learning and improving.

"We must in particular learn from the occasions where things have gone very badly wrong. You cannot turn back the clock on a tragedy but you can do everything possible to prevent recurrence by focusing relentlessly on minimising risks.

"The report highlights the importance of meeting national guidance and of ensuring good training. I would urge trusts to study the findings with great care and to consider how they should respond to the messages."

A spokesman for the Department of Health said: "There are more obstetricians and gynaecologists working in the NHS today than there were in 2010, and over 900 more midwives. It is misleading to say that these claims are purely due to the number of consultants on wards as these are very complex issues which cannot be explained by one reason alone.

"We agree that mothers-to-be should be able to access expert services seven days a week and they have a right to expect the same level of care on a Saturday or Sunday as they do on a Wednesday. We already are taking action and working with professional associations to drive this forward across the NHS."


This article is courtesy of The Telegraph.

Tuesday, 30 October 2012

Mother dies as cancer is undiagnosed more than 30 times

33-year-old Jeannine Harvey suffered in agony after failures by medical staff to diagnose and treat her condition, despite more than 30 visits to three major hospitals.

Ms Harvey died in July, eight months after first complaining of pain which affected her left leg and abdomen.

She was told she had a torn ligament, when in fact she had uterine cancer of the cervix.
 

We want an explanation as to how this happened and an assurance that no one else will have to endure what my sister had to go through.
 

No one listened to us and the doctors constantly patronised us by saying it was her anxiety that was making Jeannine's pain worse.
Marie Donovan, Jeannine Harvey's sister
The family's lawyer said it was one of the most distressing cases she had ever seen.
 

Even if Jeannine's life could not have been saved, with an earlier correct diagnosis she could have avoided months of intractable pain.
Jill Davies, medical negligence lawyer
A date for an inquest into Jeannine's death has yet to be set.

This article is courtesy of itv news.

Sunday, 28 October 2012

Negligence by maternity staff has cost NHS £3.1bn over 10 years

Botched care in pregnancy and childbirth has led to more than 5,000 successful negligence claims against the maternity services over the last decade – costing the NHS £3.1bn.

The sums paid out would be enough to build a dozen new obstetric units and  hire thousands of extra consultants and midwives which could make childbirth safer.

The scandal of the maternity care payouts is revealed today in figures from the NHS Litigation Authority (NHSLA) which show the current system is unfair, inefficient and a gross waste of NHS resources. It reflects the growing burden of medical negligence on the NHS which is diverting scarce resources from patient care.

Only cases where negligence can be proved get compensation – an average of £600,000 for each successful claimant – and almost 20 per cent of the money goes into lawyers’ pockets.

In the one in 10 worst-affected cases – 542 claims – the average payout was £2.4m. These involved babies born brain damaged, causing cerebral palsy and requiring 24-hour care for life.

Over the past decade, £627m has been paid out on maternity claims, of which £112 million (18 per cent) went on fees to lawyers, the NHSLA said. But with payouts continuing throughout the children’s lives, the total cost to the NHS of claims settled over the past 10 years will reach £3.1 billion.

However, babies who suffered similar catastrophic injury at birth as a result of an accident, or where negligence could not be proved, got nothing.

Ten years ago, the Government’s former chief medical officer, Sir Liam Donaldson, attempted to introduce a “no fault” scheme so that all babies injured at birth could be compensated, but his efforts came to nothing. Experts said yesterday that hiring more consultants and providing 24-hour consultant care on obstetric units could reduce the risks for all babies and save the NHS costs by cutting the compensation bill.

The NHSLA report found that in the 5,087 cases that resulted in claims, junior doctors and inexperienced midwives were involved in the management of labour without adequate senior clinician assistance.

“Having more senior staff available during labour, together with a better understanding among junior staff about when to ask them for help, may prevent harm,” it said.

NHSLA chief executive Catherine Dixon said: “Having a baby while under the care of NHS doctors and midwives remains very safe. Out of 5.5 million births in England during the decade covered by the report, about one in a thousand result in a legal claim against the NHS. However, because maternity claims are so serious as they involve harm to mothers and their babies, it’s vital that we learn and share lessons from them so that professionals can improve their clinical practice in the future and prevent harm.”

David Richmond, vice-president of the Royal College of Obstetricians and Gynaecologists, said: “[We have made] a strong case for the NHS to move to a consultant-delivered service so that trainee doctors receive adequate support and women have access to qualified specialists throughout the day and night.”

Health Minister Dr Dan Poulter said: “The NHS remains one of the safest places in the world to have a baby, but no matter how well our midwives and doctors look after women giving birth, bad things still sometimes happen to a very small number of mothers and babies.”


This article is courtesy of The Independent.

Friday, 19 October 2012

Parents' anger at 'totally avoidable' twins death

The mother of newborn twins who died following an overdose at a scandal-hit hospital has described their deaths as "totally avoidable" after a coroner said there were failings in their care.

Alfie and Harry McQuillan, who were born 13 weeks premature, died on November 1 2010. An inquest into their deaths heard they had been given an "excessive" dose of morphine hours after their birth at Stafford Hospital on October 30.

Access Legal from Shoosmiths - the law firm representing the twins' parents - said South Staffordshire Coroner Andrew Haigh described the babies' treatment after birth as "suboptimal", adding that "there were failings in the care the twins received".

A spokesman for the company said the coroner, who recorded a narrative verdict at Cannock Coroner's Court, said the boys died from complications of extreme prematurity and that morphine was "likely to have played a role".

The twins' mother Ami Dean, 25, from Stafford, said: "I could have coped with them dying from prematurity, as that would have been nobody's fault. However, their deaths were totally avoidable. They were down to human error, which is something I cannot cope with."

Maggie Oldham, chief operating officer at Mid Staffordshire NHS Foundation Trust, which runs Stafford Hospital, said: "Our deepest sympathy remains with Alfie and Harry's parents and their loved ones.

"We are very sorry that the care we provided was not good enough.

"This has been a long and difficult process for their entire family and our thoughts remain with them at this time."

Richard Follis, national head of medical negligence at Access Legal from Shoosmiths, said: "It is important that the coroner has highlighted where failings lay in the care provided to Alfie and Harry.

"Despite being born prematurely, both boys were good weights and were stable prior to the morphine overdose.


"This would appear to be a tragic case of - as the coroner put it - suboptimal treatment that could easily have been avoided."


This article is courtesy of itv news.

Tuesday, 16 October 2012

Stepping Hill Hospital to pay '£10m' over brain damaged man

Zach Petrou, 19, was left with the mental capacity of a baby following treatment at Stepping Hill Hospital.

A hospital has agreed to fund lifetime care expected to cost around £10m for a man who was brain damaged after being treated for croup as a baby.

Zach Petrou, 19, was left with the mental capacity of a baby following treatment at Stepping Hill Hospital.

The hospital has not accepted liability but has agreed to settle the family's medical negligence claim at Manchester High Court.

His parents alleged he was deprived of oxygen during treatment in 1994.

They took him to the hospital suffering from croup, a treatable and common viral infection, but his condition deteriorated and he was placed on an emergency ventilator.

When he was taken off the ventilator he was found to be profoundly brain damaged.

Father Andros, 50, of Mottram, said: "We have been left devastated by what happened to Zach.

"We lost our son in 1994 at seven months of age, his future was taken away from him at that point.

"Zach went into the hospital a healthy baby boy but was given back to us severely brain damaged.

"The care that Zach needs is relentless. If you can imagine the needs of a baby but in an adult's body, that is how he will be for the rest of his life."

Zach has a normal life expectancy and, as he is doubly incontinent, fully mobile and can be unpredictable and violent, he needs at least two carers round the clock.

This means the settlement figure will potentially be one of the largest ever in the UK, solicitor Diane Rostron said.
A team of experts will now look at exactly how much Zach's care for the rest of his life will cost, before a figure is agreed.

Ms Rostron said: "Securing the settlement today which, based on my lengthy experience, we estimate will be valued at a significant eight figure sum, will pay for that essential care.

"Zach is expected to live beyond the age of 70 and needs comprehensive round the clock.

"I hope this settlement will help secure the lifelong care package that Zach needs and at the same time provide a little bit of freedom for Mr and Mrs Petrou."

Mr Petrou said: "We were forced to go down the legal route just to get justice for our son.

"We still believe that what happened to Zach should never have happened and we hope that it never happens to another family again."

NHS North West said: "We are pleased that the parties involved in this case have been able to work together to agree a liability settlement which has been approved by the court."


This article is courtesy of BBC News.

Monday, 15 October 2012

Wolverhampton New Cross payout £6m to injured boy

The family of a boy left severely brain damaged by complications at his birth in hospital have accepted £6m in compensation.

Joseph O'Reggio, 11, of Wolverhampton, suffered permanent brain injuries when he was starved of oxygen at New Cross Hospital in the city in April 2001.
His family won the right to claim a seven figure compensation package at the High Court in London in June 2011.

His parents have described it as a "massive relief".
 
'Rest easy'
 
Joe, who was left with cerebral palsy, has severe learning difficulties and cannot speak or feed himself.

His father Julian O'Reggio, said: "We can rest easy that Joe will be provided for, for the rest of his life. 

"All the specialist equipment he may need, we can have carers to help with his daily routines, extra physio, extra occupational therapy, extra speech therapy, all the additional input he's going to get which will hopefully get the most out of him within his limitations."

Lawyers for the boy claimed his injuries were caused by medical negligence on the part of staff at the hospital, who they said should have realised he was in distress at an earlier stage.

The Royal Wolverhampton NHS Trust denied the delays caused the injuries but agreed to compensate Joseph on the basis of 80% of a full valuation of his claim.

In a statement, the trust said it hoped the damages will "secure Joseph's future and assist him in maximising his potential". 

This article is courtesy of BBC News.

Saturday, 6 October 2012

Breast cancer scandal: hundreds of women who had surgery will be recalled in case operations were botched

More than 700 patients who were treated by consultant surgeon Ian Paterson are being urgently referred to specialists for new examinations in case their health has been put at risk.

Several are already facing further surgery to reduce the risk that the disease will return.

They include Claire Mullane, 53, left "shattered" when she realised that she would have to undergo another operation, two years after a mastectomy had been completed.

And another woman has already received a substantial out of court settlement because her cancer returned after Mr Paterson undertook the procedure.

Mr Paterson was banned by the General Medical Council from carrying out breast surgery in July, after it was found he was performing experimental "cleavage sparing" procedures, which left a small amount of tissue for cosmetic reasons.

This breached national guidelines which say that leaving tissue after a mastectomy increases the likelihood of cancer recurring.

Now every woman given a mastectomy under his care at Solihull Hospital, in the West Midlands since 1998, as well as 150 women who were treated by the consultant at two private clinics, are being written to and told they must by reassessed urgently by a specialist.

At least 120 of the women have yet to be told that they will be referred to an independent surgeon - and still more cases may be identified by a review which is under way.

The number of women being contacted makes it one of the biggest such cases to hit the NHS and was described as "deeply concerning" by a medical negligence lawyer.

The biggest NHS scandal in botched surgery involved Rodney Ledward, who dubbed himself "the fastest gynaecologist in the South East".

He was found by an independent inquiry in 2000 to have bungled more than 400 operations, leaving women mutilated.

Mr Paterson worked for the NHS hospital as a breast cancer surgeon from 1998 until he was excluded earlier this year, and at two private clinics, Little Aston, in Sutton Coldfield, and Parkway Hospital in Solihull, from 2000 until August, after the GMC took action against him, following an investigation.

He had already been told in 2007 by Heart of England NHS Foundation Trust, which runs Solihull hospital, to stop using the method - but it was not until this summer that regulators barred him from performing any breast surgery.

Now the trust has begun a review of all 573 women who had mastectomies under his care between 1998 and 2011.

The trust said that so far, more than 500 women have been contacted and advised to have their treatment reassessed, to see if further surgery is required.

The hospital said it did not yet have enough information to say how many women were facing further surgery, or how many had developed cancer, or could even have died from it since being treated by the surgeon.

Several of the consultant's patients have already undergone further operations, with one being told that without more surgery, the chance of the cancer returning was 40 to 50 per cent higher than it would normally be.

The 2007 review of breast surgery at Solihull hospital found that the surgeon had introduced the experimental practice without following guidance which governs the introduction of new techniques, to ensure careful monitoring. After establishing that the approach was "not considered appropriate" the method was stopped.

The NHS trust said it then began identifying patients who may have undergone the procedure - but four years later, 70 patients have still to be contacted. The hospital is still checking files to detect any more cases and expects all women to be seen at clinics by next March.

Private operator Spire Healthcare has so far approached 100 of approximately 150 women who underwent breast surgery at their two Birmingham clinics in the past decade.

The company said the surgeon claimed that he had stopped doing the "cleavage sparing" procedure in its clinics from 2007, following the review by the NHS.

But patients are concerned that he was using the method as recently as 2009.

Claire Mullane, 53, from Solihull, was treated for breast cancer at Parkway Spire clinic. She paid more than £8,000 so that she could undergo a mastectomy quickly, once breast cancer had been found.

Mrs Mullane said there was little discussion about the details of the operation, in January 2009, but that when she came round, Mr Paterson told her that he had "left some cleavage" to assist with any future reconstruction of the breast.

It was not until almost two years later, when her husband read a local newspaper article about an NHS investigation into the surgeon, that she learned that there was anything unusual about what he had done.

The council worker said: "I had no idea that the operation he had done was not the normal procedure. He had described it afterwards as though it was completely routine."

Mrs Mullane says she contacted the clinic, and was told by a breast care nurse that there was no reason to be concerned, and suggested putting her in touch with a group for breast cancer sufferers.

Instead, the mother-of-three contacted her GP, who referred her to the NHS. It now plans further surgery to remove the tissue left by Mr Paterson.

She said: "When I was diagnosed with breast cancer I felt very vulnerable and in that situation you build up trust in your doctor. It was shattering - not only did the clinic never contact me about the concerns, but when I contacted them, they fobbed me off."

Mrs Mullane decided to speak about her surgery and treatment said she did not like talking about what had happened to her, but was speaking publicly to encourage women who had mastectomies by the surgeon to come forward.

Spire Healthcare said it would contact Mrs Mullane and was concerned she felt did not receive the standard of care the company aimed to deliver.

She is one of 13 legal cases taken up by medical negligence experts Irwin Mitchell, one of eight legal firms in Birmingham which are between them already considering approximately 50 cases.

Victoria Blankstone, a medical negligence solicitor with the legal firm, said: "I'm absolutely staggered by the numbers of patients involved in this; it is really worrying for these women, and it is deeply concerning that the hospitals have been so slow to act."

Earlier this year, another patient of Mr Paterson received a substantial out of court settlement following the return of her cancer, five years after the operation, in 2003.

The return of her cancer was only detected five years later when a nurse carrying out a mammogram was concerned about the amount of tissue left on the removed breast.

The woman, 62, had previously questioned the surgeon about the operation, after another cancer specialist said not enough tissue had been taken, but Mr Paterson dismissed her concerns.

An independent report into the woman's care concluded that she was "almost guaranteed a recurrence of cancer" with the treatment she received.

Mr Paterson refused to discuss the case as he left his £1.5 million grade II listed Georgian home, in Edgbaston, yesterday morning, with his wife.

She said: "I'm afraid we can't stop. Were on a tight schedule today."

The Medical Defence Union, which is representing the surgeon, said it could not comment because of patient confidentiality.

* NHS patients who are concerned should contact the hospital via an advice line 0121 424 5473. Spire Healthcare said patients treated at Little Aston or Parkway Hospitals should contact them directly.

 This article is courtesy of The Telegraph.

Oklahoma City Surgeon Faces 16th Medical Negligence Complaint

A 16th medical negligence complaint has been filed against an Oklahoma City surgeon who made international headlines after performing a risky operation in 2006 that left a Russian teen brain dead.

Plaintiff James Lamle filed the complaint Tuesday in Oklahoma County District Court against surgeon Paul Christopher Francel, records show. It appears Lamle is representing himself in the case.

Tuesday's complaint was at least the 14th filed against Francel since January.

Francel agreed in December not to practice medicine while under investigation by state medical officials.

The Oklahoma Board of Medical Licensure and Supervision will not say if the investigation stems from the Russian boy's death or other matters.

A phone call to Francel's attorney was not immediately returned Wednesday morning.



This article is courtesy of Fox News.