Kirkup ‘disappointed’ with response to East Kent medical negligence claims
The chairman of an inquiry into maternity failings in Kent has said he is “disappointed” with the approach authorities are taking in resolving some clinical negligence claims by affected families.
Dr Bill Kirkup’s 2022 report into maternity services at East Kent Hospitals found that if women and babies had received nationally recognised standards of care then 45 babies may have survived, 12 babies may not have suffered brain injury and 23 women who died or were injured could have had a different outcome.
HSJ reported that families will have to prove liability for the harm caused before getting compensation, including in a number of cases where the inquiry concluded that there could have been a different outcome with better care.
Dr Kirkup told HSJ, “I am disappointed that East Kent families are facing these problems after everything that has happened to them. Of course, it is true that the independent investigation panel was not in a position to rule on negligence, but we did provide a robust clinical assessment of each case."
“I would have hoped that this could be taken into account in deciding to offer early settlement instead of a protracted dispute."
“It seems sad that a more compassionate approach has not been adopted.”
It is understood that a number of cases have been resolved but other families are still going through the claims process with NHS Resolution, which handles claims for clinical negligence.
An NHS Resolution spokesperson said, “NHS Resolution aims to resolve all claims for compensation quickly and fairly and on their individual merits."
“This involves reviewing the evidence on each case, including inquiry findings, if they are shared, to determine whether the care was negligent and caused harm to a patient."
“Invariably, inquiry terms of reference are clear that they do not consider issues of negligence or compensation. We share the aim to learn from what we see through our respective investigations to improve patient safety.”
A Department of Health and Social Care spokesperson said, “Minister (Maria) Caulfield has met with many families involved in the East Kent maternity inquiry over the past year to hear their concerns, alongside the local East Kent regional group, which meets regularly to ensure the recommendations and findings from the East Kent Report are being acted on, and services are improving."
“NHS Resolution manages clinical negligence and other claims against the NHS in England."
"They have a responsibility to settle claims fairly and promptly."
“This means that each case must be considered on its own merits and it is important that a proper investigation is undertaken.”
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