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Kent and Medway NHS trusts pay out £64m in cerebral palsy medical negligence claims

Three trusts across the county paid out £64 million in compensation and legal costs due to claims of medical negligence resulting in cerebral palsy.

New NHS data has revealed 15 cases have been settled in Kent since 2019, relating to delayed treatment, failures to monitor foetal heart rates and managing second-stage labour.

Medway Maritime Hospital is run by Medway NHS Foundation Trust
Medway Maritime Hospital is run by Medway NHS Foundation Trust

In the last five years, Medway NHS Foundation Trust has paid out £28,127,263 – the highest amount out of all hospital trusts in Kent.

The data was obtained by Medical Negligence Assist, a company providing legal support to victims of medical errors, following freedom of information requests sent to NHS Resolution.

Cerebral palsy is a group of disorders that affect movement and coordination.

The severity can vary, with some people only having minor problems while others may be severely disabled.

It is usually caused by a problem that affects the development of a baby's brain while it is growing in the womb but can also be a result of damage to its brain during or shortly after birth.

The consequence of clinical negligence for the individual is catastrophic but the effect on the families is equally as bad.

Interim chief nursing officer for Medway NHS Foundation Trust Sarah Vaux said: "We are very sorry that these patients and their families did not receive the high standards of care that we aim to provide to everyone.

“On the rare occasions where our care falls short, we thoroughly investigate, using a national framework, and take action to learn from what has gone wrong, to prevent it from happening again.”

Following behind was Maidstone and Tunbridge Wells NHS Trust with payouts totalling £26,333,656.

In February last year, its maternity service was rated inadequate by health watchdog Care Quality Commission.

A spokesperson for the Trust said: “We are incredibly sorry that the care received in these cases was not to the standard that we and our patients expect, and for the impact this has on the families involved.

Maidstone Hospital is run by Maidstone and Tunbridge Wells NHS Trust
Maidstone Hospital is run by Maidstone and Tunbridge Wells NHS Trust

“Cerebral palsy claims are usually related to maternity cases and the total settlement figure from the past five years relates to five historic cases.

“We are committed to learning from incidents and continuing to improve the experience we provide to all patients.”

Nationally, between 2019 and 2024, the NHS has paid out over £2 billion in damages relating to cerebral palsy and brain damage to babies.

This is across 1,118 clinical negligence claims.

Of this, East Kent Hospitals University NHS Foundation Trust paid out £9,757,023.

William Harvey in Ashford is one of the hospitals run by East Kent Hospitals University NHS Foundation Trust
William Harvey in Ashford is one of the hospitals run by East Kent Hospitals University NHS Foundation Trust

A spokesperson said: “We apologise unreservedly to every child and family involved, each case is thoroughly investigated and the learning used to improve patient safety.”

Clinical negligence solicitor Gareth Lloyd says cases involving cerebral palsy are complicated and take years to settle

“The consequence of clinical negligence for the individual is catastrophic but the effect on the families is equally as bad.

“Family’s lives are changed forever and, in every respect, it is a life-changing event for everyone – however, a successful cerebral palsy case can have a positive life-changing effect.

“Compensation will not put people in the position they would have been if the hospital had not made mistakes, but it will help to make their reality a bit more bearable.”

Medical Negligence Assist did not have data for Gravesham and Dartford NHS Trust.

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