Parents at the centre of a hospital trust’s baby deaths scandal must be shown a “more compassionate approach” in their fight for compensation, an inquiry chief has warned.
Families have been told they must prove East Kent University NHS Foundation Trust was liable for the harm caused to mothers and children.
This is despite an inquiry concluding 45 babies at East Kent hospitals could have survived, while 12 who sustained brain damage could have had a different outcome.
It also concluded 23 women who either died or suffered injuries might have had better outcomes had care been given.
The man who led the inquiry and reported his findings in 2022, Dr Bill Kirkup, said he is extremely disappointed in the recommendations by NHS Resolution.
The body manages appeals by patients and relatives against clinical negligence and has informed families they must prove the cause and a breach of duty of care to be eligible for compensation.
This is the case even where the inquiry found different treatment would have been reasonably expected to make a difference, the HSJ (Health Service Journal) reports.
Speaking to HSJ, Dr Kirkup said: “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.”
The investigation, which reported in October 2022, examined cases from 2009 to 2020.
The Kirkup inquiry had spoken to people who lost a baby and mothers who had come to harm at the QEQM (Queen Elizabeth the Queen Mother) Hospital in Margate and William Harvey Hospital in Ashford.
A small number of cases are understood to have been resolved but many other families are still going through the claims process, HSJ reported.
This is likely to involve gathering evidence from obstetric, midwifery and neonatology experts, as well as employing lawyers.
Some women who lost babies have had to undergo psychological assessments which have been described as “desperately gruelling”.
A spokesperson for the Department of Health and Social Care 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 has 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.”
The government spokesperson also added the terms of reference and remit of the Kirkup inquiry did not include an investigation of legal liability and that NHS Resolution was committed to avoiding a “formal process” as much as possible to minimise distress.
In a statement, NHS Resolution said it aimed to resolve all compensation claims quickly and fairly and on their individual merits.
It added: “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.”
The Kirkup investigation looked at 202 cases in all.
In 69 cases, it said outcomes could have “reasonably been expected to be different” while in 28 “it might have been different”.
