On 27 January 2023, Nottingham University Hospitals NHS Trust was fined £800,000 by the Care Quality Commission after admitting it failed to provide safe care and treatment for a mother and her baby. Wynter Andrews died 23 minutes after being born by emergency caesarean section on 15 September 2019 at Queen’s Medical Centre. An investigation by the CQC found multiple failings both in the care of Wynter’s mother, Sarah Andrews and to Wynter with staff failing to follow the Trust’s own guidelines.
The CQC was established in 2009 to regulate and inspect health and social care services in England. Since April 2015, it has had the power to prosecute health and social care providers in England if the provider fails to give safe and high quality which is intentional or avoidable. Fines, decided by the Court, can be unlimited.
Nottingham University Hospitals NHS Trust is the 3rd NHS Trust to be prosecuted by the CQC for failings in maternity and midwifery care, receiving the largest fine to date.
As clinical negligence lawyers, we typically act on behalf of individual clients who have been injured through clinical negligence. The powers of the CQC to bring criminal prosecutions at organisation level, however, is an important way to try to address systemic failings in the care provided and provide accountability at a Trust level. Patient safety must be prioritised to avoid further tragedies in the future.
Our team here are always willing to talk with anyone who thinks that they, or their baby might have been harmed by negligent care given during pregnancy or birth either at Nottingham University Hospitals NHS Trust or elsewhere.