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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll