header-logo header-logo

NLJ this week: A doctor’s view on neonatal brain injuries & clinical negligence investigations

09 July 2021
Issue: 7940 / Categories: Legal News , Professional negligence , National Health Service
printer mail-detail
The NHS pays out about £2.4bn in compensation each year, about one third of which is for legal fees, yet both clinical staff and families are left dissatisfied with the results of the clinical negligence system. A doctor shares her opinion on flaws in the system, in this week’s NLJ

Lorin Lakasing, consultant in obstetrics and fetal medicine at St Mary’s Hospital, London, looks into some of the reasons why high value obstetric claims related to neonatal brain injury account for more than half of settlements paid out.

Lakasing writes that senior, often remote, managers often deal with complaints despite not being in the room at the time. Moreover, midwives and mothers are subjected to unrealistic goals.

She writes that ‘escalation often occurs after the opportunity to be proactive was missed so emergency protocols are actioned…the countdown on the hypoxic ischaemic encephalopathy clock has begun. Whatever is said and done thereafter matters not’.

The ensuing investigation, requiring hours of interviews tends to examine intrapartum events [during labour and immediately after childbirth].

Lakasing writes: ‘The misapprehension of analysing poor outcomes by focusing solely on intrapartum events is born of laziness and a poor understanding of the service. Precursors to poor outcomes lie in the antenatal period but these remain largely unscrutinised. To do so would be complex, unpopular and onerous.’

Read more here.

 

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll