Medical Negligence Claims v Basildon Hospital Maternity Unit

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Kate McCue

Medical Negligence Associate Solicitor

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Our Medical Negligence Solicitors are offering a free claims assessment with legal advice to maternity patients who may have received negligent care from Mid and South Essex NHS Foundation Trust; which manages Basildon University Hospital.

a newborn baby with their mother and a nurse

 

Basildon University Hospital Investigation

Basildon Hospital’s maternity unit was recently told to make urgent improvements by the Care Quality Commission (CQC), following an investigation in August 2020. This came after concerns about patient safety were raised by a whistle blower.

The CQC uncovered many serious failings at Basildon Hospital, for example:

  • The maternity unit only had safe staffing levels during four shifts throughout the whole of August 2020
  • High-risk women were giving birth in a low-risk area
  • Lessons were not learned after the death of Gabriela Pintilie in February 2019, who lost six litres of blood during childbirth because of what the coroner described as delays, confusion, and a lack of leadership
  • Safety meetings required during shift handovers did not happen
  • Concerns were highlighted over foetal heart monitoring
  • Incidents that affected patient safety were not appropriately categorised
  • Staff were not given consistent guidance on spotting the risk of post-partum haemorrhage
  • Women weren’t treated with dignity and were referred to by their room numbers, instead of their names

Get in touch today!

If you have suffered Medical Negligence in a maternity unit, get in touch with our expert team of solicitors on 0808 239 6043 or

Ongoing Concerns

CQC inspectors returned to Basildon Hospital in mid-September 2020 and found that many of the failings that had been identified a month earlier still hadn’t been dealt with. The Mid and South Essex NHS Foundation Trust was then given until November 9th 2020 to make the changes it has recommended to improve patient safety.

However, a new report by the CQC published since then is still hugely critical of the maternity unit, describing it as “inadequate”.

Criticisms include a “longstanding poor staff culture” that “created an ineffective team where doctors, midwives, and other healthcare professionals did not support each other to provide good care”.

The CQC also said leaders lacked “the skills and abilities to effectively lead the service”, staff didn’t always treat women with “compassion and kindness”, and that there was a culture where staff didn’t feel they could raise concerns “without fear of reprisal”.

If you attended a maternity unit run by Mid and South Essex NHS Foundation Trust and have concerns about the care you received, you could be entitled to claim compensation.

Our expert Medical Negligence Solicitors offer a free claims assessment with legal advice and will be happy to discuss your situation with you and how we can help you. If you do have a case, we may be able to deal with your claim on a No Win, No Fee basis.

a woman speaking with a medical consultant

Did You Receive Maternity Care at Basildon University Hospital?

If you were a patient at Basildon University Hospital or the Mid and South Essex NHS Foundation Trust and received treatment during your pregnancy, labour, or post-partum, and you experienced negligent care, please contact our team today.

We are offering everyone who received poor maternity care a free claims assessment to help bring your case to justice.

We understand how difficult it can be to discuss your experience of medical negligence. When you’re ready to discuss what happened to you, we are ready to listen.

How We Can Help You

Our specialist team have many years of experience dealing with maternity negligence claims. We understand that suffering an injury during labour, losing a baby, or receiving poor care during your pregnancy is extremely traumatic.

Our birth injury solicitors will deal with your case with sensitivity and compassionately while making sure that none of the stresses of the legal process are placed onto you during this difficult time. We’ll also only communicate with you using plain English, so you don’t have to worry about over-complicated legal jargon. Your dedicated solicitor will make sure that you understand the process in full, every step of the way.

We tailor our service to your specific needs and wishes, keep you regularly updated about what’s happening with your claim, and work with you and your family to get the best possible outcome.

Specialist Advice

Our Medical Negligence solicitors will offer advice on whether or not you have grounds for a compensation claim as a result of receiving negligent maternity care.

To start the process, we’ll offer you a free claims assessment where we’ll talk with you about what happened and see whether you have a good chance of successfully claiming compensation.

If you find discussing your experience difficult and you would like to take a break, please just let us know. We’ll take it at your pace and when you’re ready, we will continue your meeting.

If we can take on your case, one of our expert Medical Negligence Lawyers will be assigned to you and begin a detailed investigation.

We will also work with you to obtain copies of your medical records and any reports that will be helpful in your case.

Our Expert, Experienced Team

We have an enviable track record of helping people who’ve been experienced medical negligence in NHS maternity services get the compensation they deserve.

We should stress that we’ll do everything we can to reach a settlement out of Court and will pursue options such as mediation so we can settle your claim for compensation amicably and constructively.

This approach can be much less stressful for our clients, and just as effective, if not more so, in helping them reach a settlement that truly reflects what they’ve been through. At the same time, it should help the NHS learn valuable lessons for the future, so the mistakes you experienced hopefully won’t be made again.

a woman receiving an ultrasound scan

Basildon University Hospital Maternity Negligence FAQs

I experienced maternity negligence years ago, can I still claim compensation?

Usually, you have 3 years to bring a claim forward for medical negligence, however, there are exceptions to this. If you weren’t aware of the medical negligence at the time, the 3 year period starts from the ‘date of knowledge’, which is when you first realised what happened. You also have an extended period if you were deemed not to have mental capacity at the time of the incident.

If you’re unsure whether or not your claim can be brought forward, please contact our team who will be happy to discuss your circumstances.

What will my medical negligence claim cost me?

The initial assessment is completely free of charge, and this is where we’ll gain an understanding of your case and the likelihood of it being successful. We will also provide you with our prices, so you know exactly where you stand.

We may be able to offer you a No Win, No Fee agreement, where you won’t have to pay us any legal fees until your claim is successful.

Did I receive inappropriate care whilst I was at Basildon University Hospital?

If you have concerns about whether or not the care you received whilst pregnant or in labour was appropriate, you may be able to make a claim for compensation. Please contact us today for a free claims assessment to see whether your case is likely to be successful.

Will I need to go to Court?

Our priority is achieving the best possible outcome for you, which is often managed to settle outside of Court. We prefer to settle an agreement outside of Court when we can, as it often offers the claimant the best outcome.

If the defendant disputes your case, it may go to Court. But we’ll be behind you every step of the way and we can represent you in Court, if you would like us to.

How long will my medical negligence case take?

Every medical negligence case is unique and so is the length of time it takes to reach an outcome. There are a number of factors that will impact how long the case will take, including the severity of injuries.

Some medical negligence cases may only take a few months, whereas others may take up to 24 months to conclude. There is no definitive timeline, but our team can provide you with a rough estimate during the assessment.

Can I claim on someone else’s behalf?

Yes, it is perfectly possible to claim compensation on someone else's behalf. If the person who experienced medical negligence and poor care sadly passed away as a result of their injuries, you may be able to bring their case forward. You may also be able to open a claim on behalf of someone who is considered to not have mental capacity.

There are more reasons why you may be able to open a claim for someone else. Speak with our expert team to see if you can start a claim for someone else.

References:

NHS Litigation Authority (2012). Ten Years of Maternity Claims An Analysis of NHS Litigation Authority Data. [online] Available at: https://resolution.nhs.uk/wp-content/uploads/2018/11/Ten-years-of-Maternity-Claims-Final-Report-final-2.pdf.

www.cqc.org.uk. (n.d.). Basildon University Hospital. [online] Available at: https://www.cqc.org.uk/location/RAJ12.

Kate McCue

Medical Negligence Associate Solicitor

Areas of Expertise:
Medical Negligence

Kate joined the Clinical Negligence department at Simpson Millar in January 2023 after previously working at Chris Kallis Solicitors in Plymouth. Kate qualified as a solicitor in 2004 and has developed extensive experience in both Personal Injury and Medical Negligence.   

Initially Kate started working as a Defendant Solicitor for firms such as Bond Pearce LLP and DAC Beachcroft Claims Ltd. This has allowed Kate to develop a tactical advantage to her cases, using the experience of how a claim is dealt with from a Defendant’s perspective. 

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