AIBU to think this maternity negligence payout seems disproportionately high

[Sheldonsheher]

https://www.bbc.co.uk/news/articles/c9363yynkkdo

Although sad this maternity case award seems really high. Most children with these needs do not get millions to live. Would it not be better to spread such compensation money more fairly over lots of people than give to a small minority who can successfully litigate negligence?

No.

The sums are so high in maternity negligence cases because they typically involve funding life long care.

How much do you think they should've got OP? And what are your qualifications for arriving at that amount?

In the scenario you suggest how would you see that working. How would the recipients of compensation be identified if the families have not been to court?

I believe New Zealand have a different system non adversarial where anyone can claim an amount without litigation if they meet the criteria. Judged by an independent panel of experts.

also it seems unfair that the life time earnings are based on the income level of the parents! Higher for higher earning parents that seems incredibly unfair.

YABU to post this without even attempting to cost it. Your premise is based on what, vibes?

Ok.... So what should it be based on. Minimum wage?

Our system only a few people get a massive amount and others get nothing.

Also the projected amounts for possible litigations run into billions.

Who earns 28 million in their lifetime not many let’s be honest.

Also maternity care is inherently difficult and that why no one wants to do obs in USA.

Level of costs aside, and would need looking into; but in general YANBU for thinking every baby failed in this way should get financial assistance, not just the ones with rich parents who can afford to sue

Safer maternity care would be even better

But the girl will never be able to work.

One of her parents will also probably never be able to work, or will have to reduce hours/career oppurtunities.

She will most likely need many adaptations and treatments to improve her quality of life, many of which are either not available or not good enough when provided by the NHS.

They will have to worry about who takes care of her after they are gone. Some carers are wonderful, some are abysmal, some don't care at all, and some are abusive.

If this was caused by NHS negligence, and this girl and her family would otherwise have had a normal life, then yes this money is proportionate.

I'm sure those parents would have much rather their daughter not have gone through that.

Maybe they should have consulted with you, first, on the value of the life of their child?

When there’s a valid case solicitors will often take it on without upfront payment.

I find it hard to get worked up about a child being 'compensated' for suffering a devastating injury due to negligence. I say compensated, but nobody would choose this money over being born healthy. She gets the money over others because it was the NHS fault she was injured. It only gets to 28 million if she lives a long time otherwise those annual payments stop.

YABVU To get a payout like that then there must be clear evidence of nhs fault, no doubt at all. The NHS will fight very hard to avoid admitting blame so in this case it must have been clear there was fault in the care provided. Lifetime care, specialist input and treatment is expensive.

It’s not like they can take the money and head off for a life in Monaco.

The money is for the young person involved, and will be used towards the cost of care. The spend will be monitored to make sure that this is what is is spent on.

Care will become increasingly expensive as they get older, and have fewer and fewer things provided by the local authority.

There is also an option to review the amount if it turns out they don’t need as high a level of care that was presented in court

The parents won't be living it large on the money awarded to the child, it will be managed by specialist solicitors who will decide if the spending is appropriate.

If you and your child were failed so badly by the NHS that they needed lifetime care, would you be so quick to want to 'share' the money?

Of all the things to be jealous of…

I hope that this large sum means that the Trust will actually learn lessons and future babies will not be at risk.

If you look at the breakdown of the payment you see that there is a one off payment of £8m , which I assume includes damages to the parents for stress, loss of earnings, plus wherewithal to buy a fully adapted house etc etc. it sounds a lot but a lump sum is needed to set systems in place.

Then there will be annual payments of £200,000 plus for ten years. If you take into account the loss of earnings for the parents, plus the cost of carers, additional living expenses etc that doesn’t seem overly generous to me.

Then further annual payments in perpetuity for the child, adolescent,adult the girl will become. Again , a life time of 24 hour care, living expenses etc.

It sounds a lot, but how much do you think Michael Schumacher’s family have paid over the years he has been alive? No one knows this child’s life expectancy, but she deserves good care.

Do you have so little an imagination that you can't possibly work out why that award was given?

Yes I saw the breakdown of how the payments are made.

it seems like there should be a better way of compensating. I don’t know I can’t see it making the nhs safer to be honest.

For this compensation also you have to prove negligence in court which trusts will try to deny. childbirth being inherently risky.

On the new Zealand model for example all people can get some support so more children supported and less fighting blame and denial.

I think they would rather have a child who didn't have lifelong brain damage than £28 million. This is not something to care about compared to the MANY things wrong in our society.

That poor family, what might have been..

It is not a one off payout though. It is £22500 for 10 years and £335000 thereafter. The child needs ongoing care and constant supervision and is predicted to lose mobility.

Care is costly. Constant supervision is around-the-clock care with the need for someone to be supervising the child 24 hours per day.

As mobility reduces and the child grows, two carers may be required for safe handling and lifting and this will increase care costs.

It is likely one or both parents will provide most of this care therefore restricting their availability for paid employment. The parents will also need to sleep. 24 hour care means someone needs to be awake and alert. Day or overnight care is likely to be sourced from qualified and regulated care providers and this provision is costly.

This case is not about any other negligence case. It is about this child, the impact of medical negligence and the financial settlement awarded. It seems crass to question the award when the reality is a child had a life-changing traumatic birth through negligence.

These amounts are for lifelong care, she will need support and care throughout her life, which doesn't come cheap at all. It even says her mobility will get worse.
A friend works for a head injury charity (which includes lack of oxygen at birth) and says the one off payouts of several million quite often run out.

One of my closest friends is currently going through this process. Her DS was brain damaged at birth through NHS negligence.

He will never be able to walk or talk. He is now 5 years old and is still fed through a tube as he can’t even swallow.

My friend is under 5ft tall so struggles to even lift him already.

He will constantly need 24 hour care for the rest of his life and of course will never be able to work. Including lots of specialist equipment.

The fact that you would be bitter amount his parents getting such a payout is awful.

If you researched the system in New Zealand you would also find it has a lot of problems including under compensation and the costs involved in funding it. The key to reducing compensation payments is to avoid the injury in the first place - better staff, more resources, and genuine learning from previous mistakes.