Maternity inquiry chair criticises East Kent claims scheme
Dr Bill Kirkup 'disappointed' with response to East Kent medical negligence claims
The chairman of an inquiry into maternity failings in Kent has said he is "disappointed" with the approach authorities are taking in resolving some clinical negligence claims by affected families.
Dr Bill Kirkup's 2022 report into maternity services at East Kent Hospitals found that if women and babies had received nationally recognised standards of care then 45 babies may have survived, 12 babies may not have suffered brain injury and 23 women who died or were injured could have had a different outcome.
Health Service Journal reported that families will have to prove liability for the harm caused before getting compensation, including in a number of cases where the inquiry concluded that there could have been a different outcome with better care.
NHS Resolution, which manages the claims, said it was reviewing the evidence in each case, including inquiry findings.
"I am disappointed that East Kent families are facing these problems"
Dr Kirkup told HSJ:
"I am disappointed that East Kent families are facing these problems after everything that has happened to them.
"Of course, it is true that the independent investigation panel was not in a position to rule on negligence, but we did provide a robust clinical assessment of each case.
"I would have hoped that this could be taken into account in deciding to offer early settlement instead of a protracted dispute.
"It seems sad that a more compassionate approach has not been adopted."
It is understood that a number of cases have been resolved but other families are still going through the claims process with NHS Resolution, which handles claims for clinical negligence.
An NHS Resolution spokesperson said: "NHS Resolution aims to resolve all claims for compensation quickly and fairly and on their individual merits.
"This involves reviewing the evidence on each case, including inquiry findings, if they are shared, to determine whether the care was negligent and caused harm to a patient.
A Department of Health and Social Care spokesperson said the body have a " responsibility to settle claims fairly and promptly.
"This means that each case must be considered on its own merits and it is important that a proper investigation is undertaken."