A Sussex hospital trust has incurred a bill of almost £78 million over five years as lawyers settled claims for clinical negligence linked to 16 cases of cerebral palsy.
The total amount paid in compensation and legal costs on behalf of University Hospitals Sussex NHS Foundation Trust was higher than any other NHS trust in England, according to a study.
The figures were compiled from data published by NHS Resolution and obtained under the Freedom of Information Act by Medical Negligence Assist, the trading name of JF Law solicitors.
The firm said: “Clinical negligence occurs when a patient is harmed by a healthcare professional who provided care below the standard expected of them.
“Since 2019, the trust has settled 16 claims and paid out £67,500,636 in damages. The NHS legal costs for University Hospitals Sussex NHS Foundation Trust’s cases amounted to £2,306,504.
“It also paid £8,029,929 to cover the claimant’s legal costs, bringing the total cost to the NHS higher than at any other trust in England regarding cerebral palsy claims.
“With damages, in total, the cost to the NHS came to £77,837,068.”
The trust runs the Royal Sussex County Hospital, in Brighton, the Princess Royal, in Haywards Heath, St Richard’s, in Chichester, and Worthing Hospital, among others.
Medical Negligence Assist said: “Cerebral palsy is the name for a group of lifelong conditions that affect movement and co-ordination.
“The severity of symptoms can vary significantly. Some people only have 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’s growing in the womb.
“Cerebral palsy can also be caused by damage to a baby’s brain during or shortly after birth.
“In total, there have been 1,118 clinical negligence claims against the NHS in England regarding cerebral palsy or brain damage since 2019.
“The most common cause was failed or delayed treatment, followed by failure to monitor the foetal heart rate and failure to manage second-stage labour.
“Over the past five years, the NHS in England has paid out over £2 billion in damages over cerebral palsy and brain damage to babies.”
Gareth Lloyd, a solicitor who specialises in clinical negligence, said that cases involving cerebral palsy wre complicated and take years to settle but added that the outcome can be life-changing to those affected.
He said: “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 in if the hospital had not made mistakes but it will help to make their reality a bit more bearable.”
