The number of babies and children who die after alleged NHS negligence around the time of their birth is on the rise, new figures have revealed. 

According to figures from the NHS, over an eight-year period there was a 16 per cent increase in medical negligence cases relating to stillbirths, newborn fatalities and deaths in older babies and children who sustained brain damage around the time of their birth.

In the financial year 2014 a total of 201 babies and children died in circumstances giving rise to a medical negligence claim, compared to 234 in 2021/22. However, the true increase could be even higher as families of babies who died more recently have three years to come forward and start legal action.

Jodie Miller, a partner specialising in medical negligence at JMW Solicitors, the firm that obtained the data, said the increase in the number of babies dying was a tragic refection of the poor standard of maternity care many families face. She said: “I have worked on behalf of countless families who have lost a child due to NHS negligence and while each family’s story is unique, the common themes that we see in terms of what went wrong remain the same. The most critical issue is the failure of staff to follow safety guidelines, which exist to prevent babies from suffering harm. These figures suggest that’s happening more and more, which is extremely concerning, and urgent action must be taken to get back to basics and ensure safe care is the norm everywhere.”

Jodie recently settled a case for the parents of baby Olly Vickers, who suffered catastrophic brain damage shortly after his birth in September 2021 after being neglected by midwives at the Royal Bolton Hospital. He sadly died in February 2022 as a result of his injuries.

Separate figures from Bolton NHS Foundation Trust, which is responsible for the Royal Bolton Hospital, obtained by JMW show that a total of 19 babies born at the hospital in the same financial year as Olly suffered brain damage. Over a 10-year period the total was 144, with 39 of those babies going on to die.

Bolton NHS Foundation Trust admitted in April 2023 that the failure of midwives to monitor Olly after his birth and follow guidelines caused his death and have now agreed a five-figure compensation settlement with his parents Emma and Mick Vickers. Jodie said: “Imagine giving birth to a healthy baby and that baby dying because of unsafe care provided by the midwives who were supposed to be looking after you and your baby. There’s no amount of compensation that can ever put that right, and as well as a child losing their life, the trauma stays with these families forever. The settlement might help the parents to access some specialist therapy, but they shouldn’t be in that situation in the first place.”

Olly’s mum Emma agrees. She said: “Olly was so strong, brave, and loving throughout his short life and it brings us some comfort to know awareness of what happened to him could help to prevent the same thing from happening to another baby. However, the fact that so many babies have died where there are concerns about their care, and that this number is increasing, shows just how much work there is to do to ensure maternity services are consistently safe. We’ve always questioned whether if we’d gone to a different hospital on a different day, Olly would still be here, however these figures show the issues are widespread.”