Patient safety during maternity care called into question

Tees’ Clinical Negligence team advocates for campaigning for patient safety concerning antenatal, maternity, and neonatal care.

BBC Panorama exposes maternity care failures

A BBC Panorama documentary aired on Monday, 29 January 2024, highlighting maternity care issues at Gloucestershire Hospitals NHS Foundation Trust, including the Cheltenham Birth Centre.

A tragic loss: Margot Frances Bowtell

Tees’ client, Laura Harvey from Gloucester, lost her baby, Margot Frances Bowtell, at just three days old. Laura recalls her experiences with Gloucestershire Hospitals NHS Foundation Trust in 2020 after the hospital admitted liability for failures in her care that led to Margot’s death.

Margot was born on 14 May 2020 at the midwife-run Cheltenham Birth Centre and passed away on 17 May 2020 due to a hypoxic brain injury sustained during delivery.

Investigation and accountability

The care Laura and Margot received was provided by two midwives, who are no longer working at the Trust. Both midwives are now under investigation by the Nursing and Midwifery Council (NMC) regarding the circumstances surrounding Margot’s death.

A report by the Healthcare Safety Investigation Branch (HSIB) identified multiple care issues, including a failure to update Laura’s risk assessment after she experienced reduced fetal movements and a bleed at 34 weeks pregnant. As a result, Laura was admitted to a midwife-led, low-risk ward instead of the consultant-led unit she needed.

Missed opportunities for intervention

During labor, Laura experienced further episodes of bleeding. However, these were not escalated to the on-call obstetricians, nor was the information properly handed over between midwives during the shift change on 14 May 2020. HSIB concluded that a referral to the obstetric-led unit for continuous monitoring of Laura and Margot was necessary.

Gloucestershire Hospitals NHS Foundation Trust admitted liability for failures in Laura’s care that caused Margot’s death.

Legal advocacy and expert commentary

Sarah Stocker, Associate at Tees, stated:

“The midwives involved did not follow both national guidance and the hospital’s own clinical guidance on several occasions during Laura’s labor. If the midwives had acted in the hours before Laura gave birth, she would have been transferred to the appropriate ward for obstetric-led care. With continued monitoring, Margot would have been delivered at the first sign of fetal distress and would still be with us today.”

Laura Harvey’s perspective

Reflecting on the midwives and ongoing investigations, Laura Harvey said:

“As a family, we want and more importantly deserve to know why both midwives made the decisions they did and why they chose to directly ignore and not follow the Trust’s own standard practice procedure. It was not just one point where they failed to escalate my care; it was a series of failures.”

A positive experience after loss

In December 2023, Laura safely delivered a baby daughter at Gloucester Hospital, under the care of the Rainbow Team. This time, she experienced exceptional care.

Calling for safer maternity practices

Laura Harvey continues to advocate for better maternity care, emphasising the importance of following safety procedures:

“There are midwives who are working hard and following the safety procedures in place to bring babies into our world, going above and beyond to help everyone.

It should not be a postcode lottery where you give birth and the care that you receive. Midwives and doctors need to follow the national set of safety procedures.

We need to highlight the Trusts that are excelling and share knowledge with those currently struggling. Most importantly, we need to share and learn from what happened to Margot to prevent it from ever happening again.”

Demystifying spousal maintenance

Spousal maintenance, also known as spousal support or alimony, is a financial payment made by one spouse or civil partner to the other on a regular basis to help meet their financial needs. While the legal term is “periodical payments,” many people refer to it as spousal maintenance for ease of understanding. In this article, we’ll use the term spousal maintenance, and note that “spouse” includes civil partners as well as husbands and wives.

What is the purpose of spousal maintenance?

The primary goal of spousal maintenance is to assist the financially weaker party as they transition to financial independence. In some cases, if financial independence is not achievable, payments may continue until one party passes away, although indefinite maintenance orders are now less common.

Courts carefully consider several factors to determine both the amount (known as the “quantum”) and the duration (known as the “term”) of spousal maintenance. Let’s explore who qualifies, how payments are calculated, and other essential details.

Who can apply for spousal maintenance?

Anyone going through a divorce or dissolving a civil partnership can request spousal maintenance. However, it is not a guaranteed part of a financial settlement. The court’s primary objective is to achieve financial independence for both parties where fair and possible.

It’s important to note that the higher-earning spouse will not automatically be required to pay spousal maintenance. Factors such as the length of the marriage, each party’s financial resources, and their earning capacities are all taken into account. Crucially, spousal maintenance is needs-based, not income-equalising.

How is spousal maintenance calculated?

There is no strict formula for calculating spousal maintenance. Instead, the court relies on detailed budgets prepared by both parties. These budgets should outline all essential monthly expenses, including mortgage or rent, utilities, groceries, fuel, and clothing, as well as discretionary expenses like holidays and entertainment.

  • Payee’s Budget: Demonstrates the financial shortfall the receiving spouse needs to cover their reasonable expenses.
  • Payer’s Budget: Establishes whether they have sufficient surplus income to meet the requested maintenance payments.

Both parties may need to adjust their expectations, as maintaining two separate households is often more expensive than maintaining one. Spousal maintenance is generally viewed as a temporary support mechanism, encouraging the payee to become financially self-sufficient.

How long does spousal maintenance last?

While courts in England and Wales are known for their generosity with spousal maintenance orders, permanent or “joint-lives” orders are increasingly rare. The court often imposes a fixed-term order, giving the recipient time to achieve financial independence.

If the parties can reach an agreement through solicitor negotiations, this can be formalized in a court order. If not, the court will make a determination. Documentation is crucial to ensure any agreed payments are enforceable.

What happens if my ex refuses to work?

Both parties are generally expected to maximize their earning capacity. If a spouse refuses to seek employment without a valid reason, the court may impute an income to them, assuming they could reasonably earn a specified amount.

What events can impact spousal maintenance?

1. Death
  • Spousal maintenance usually ends upon the death of the paying party unless the order specifies otherwise.
2. Remarriage
  • If the payee remarries, spousal maintenance automatically ceases.
  • If the payer remarries, maintenance payments remain unaffected.
3. Cohabitation
  • Cohabitation by the payee may be grounds for reducing or terminating spousal maintenance, but it is not automatic unless specified in the court order.
4. Change in Circumstances
  • If either party’s financial situation changes, an application can be made to the court to vary the maintenance order. For example, the payer may request a reduction if they lose their job, while the payee may apply for an increase if their financial situation deteriorates.

How does child maintenance impact spousal maintenance?

Child maintenance is handled separately from spousal maintenance. Child-related expenses (such as school uniforms and extracurricular activities) are accounted for in a different budget.

For most families, child maintenance is calculated using the Child Maintenance Service (CMS) formula. In some cases, such as when the paying parent has a high income or lives abroad, the court may have the authority to determine child maintenance. Even if child maintenance is included in a court order, either party can apply to the CMS for a recalculation after 12 months.

Final thoughts

Spousal maintenance can be a complex and sensitive issue, with outcomes varying significantly depending on individual circumstances. Seeking legal advice is essential to ensure you understand your rights and responsibilities. Whether you are negotiating an agreement or pursuing a court application, professional support can help you achieve a fair resolution.

For more guidance on spousal maintenance or other family law matters, contact a qualified solicitor to explore your options.

Sepsis medical negligence claims – baby Yousef’s story

Sepsis is a life-threatening condition that can cause organ failure and death. In the UK, there are around 245,000 cases of sepsis every year.

Prompt identification and timely treatment of sepsis is vital to avoid catastrophic outcomes. When sepsis is not recognised, or medical care is delayed, the outcomes for patients can be devastating. Some patients may have to have limbs amputated, whilst others might suffer severe organ damage. And, in the UK alone, nearly 50,000 people lose their lives to sepsis-related complications every year.

Tragically, this is what happened to one-year-old Yousef, who died of sepsis on 5 February 2023.

Baby Yousef was the son of Mohammed Elsiddig and Duaa Siyed Ahmed, both of whom are qualified medics. But despite being doctors themselves, numerous medical professionals failed to listen to Mohammed and Duaa’s repeated and increasingly urgent concerns. Tragically, by the time treatment was started, it was far too late.

What causes sepsis?

Sepsis (also known as septicaemia or blood poisoning) is a life-threatening medical condition that occurs when a person’s immune system overreacts to an infection and begins to attack the body’s tissue and organs. People with weakened immune systems are at higher risk of such infections, and therefore at higher risk of developing sepsis.

It can be triggered by any kind of infection, including colds and flus, infected cuts and chest infections. Sepsis can lead to tissue damage, shock, multiple organ failure, blood clots and – particularly if it is not recognised and treated quickly – death.

Sepsis symptoms

Sepsis presents differently in adults and children, which is why awareness of the symptoms is so vital.

Sepsis symptoms in adults

According to the UK Sepsis Trust, adults who present with sepsis might have some or all the following symptoms:

  • Confusion or slurred speech
  • Extreme shivering or muscle pain
  • Not passing urine
  •  Severe shortness of breath
  •  Feeling extremely ill
  • Mottled or discoloured skin.
Signs of sepsis in children

Babies and children with sepsis might present with some or all of the following symptoms:

  • Fast breathing
  • Fits or convulsions
  • Mottled, blue or pale skin
  • A rash that doesn’t disappear with pressure
  • Lethargy
  • Abnormally low temperature
  • Vomiting
  • Not passing urine.

Yousef’s story – multiple failures to diagnose and treat sepsis

Yousef’s death was a tragedy and could have been avoided with earlier diagnosis and treatment. Throughout his illness, he presented with many, if not all, of the sepsis red flags described above – but the signs were missed time and time again.

Yousef’s illness began with fever and flu symptoms shortly after having his one-year vaccinations. His parents understandably thought that this was a passing viral illness and treated him symptomatically with Ibuprofen and Calpol. When he continued to feel poorly, they took him to his GP, who agreed it was probably viral.

Yousef’s first attendance at A&E

A few days later, Mohammed and Duaa took Yousef to A&E. By this time, his fever had lasted for nearly a week, he was not taking much food or fluid, and he had a cough and was not his usual self. Yousef had also become lethargic, sleeping through the whole night – something that was unusual for him.

Mohammed and Duaa were extremely concerned that Yousef may have sepsis and begged the doctor to do blood tests. The doctor refused, said it was likely resolving flu and sent Yousef away with oral antibiotics.

Yousef’s second attendance at A&E

The next day, Yousef’s fever took a turn for the worse and he was shivering and vomiting. He couldn’t keep his antibiotics down. He had difficulty breathing. His parents called 999 and were told to wait for a callback. They were so worried about Yousef that they instead decided to take him back to A&E.

After being triaged as non-urgent, waiting for five hours and being told they were facing an 18-hour wait for treatment, Mohammed and Duaa decided to take their baby home as his antibiotics were due.

After a short spell of improvement, Yousef’s condition deteriorated. He developed diarrhoea and his urine output significantly decreased. His temperature reached an all-time high. He didn’t want to eat or drink. His breathing became fast and flat. His heart rate was rapid and his skin was mottled.

Emergency 999 call

·       Mohammed called 999 and described Yousef’s symptoms. After listening to his breathing, the ambulance clinician said that she was extremely concerned that Yousef may have sepsis – however, there were no ambulances available for 10 hours. His parents were advised to take Yousef to A&E themselves within the hour.

Yousef’s third attendance at A&E

Despite the phone operator giving them a referral that was supposed to get Yousef seen more quickly, on arrival, Yousef was treated as non-urgent. Terrified that Yousef had sepsis, Mohammed challenged the triage nurse (who had witnessed Yousef vomiting) but he was told, “Just because you think he has sepsis doesn’t mean he has it.”

Yousef was seen by a doctor, but Mohammed and Duaa were told he likely just had a normal fever. The doctor would not listen to them and Mohammed remembers him cutting Duaa off mid-sentence several times. The doctor refused to do blood tests but agreed to observe Yousef overnight. After judging the overnight results as normal, he stopped Yousef’s antibiotics.

Following more pressure from Mohammed and Duaa, he agreed to perform a blood gas test – which does not check for infection – the results of which were said to have come back normal.

The doctor said to Mohammed: “I’m now happy, it’s your turn to be happy.” Mohammed states that he retorted: “How could I be happy when I’m seeing my child poorly in front of your eyes and you’re not doing anything for him?” Mohammed was told he was worrying too much and, when challenged further, the doctor told Mohammed that he was over-worried. The family were, again, sent home, feeling unapologetically dismissed.

Private bloods

By now, Mohammed and Duua were so desperate, that they decided to try to arrange for private blood tests. As a same-day appointment was unavailable, they booked one for the next day.

The private GP was seriously concerned about Yousef’s condition and strongly advised that Yousef be seen by either the NHS GP or a paediatrician. The blood results took several days to process. When they did come back, they clearly showed high levels of infection in Yousef’s blood.

NHS GP Visit

Whilst at the private GP, Yousef’s NHS GP called to follow up on his recent hospital visit. Mohammed told the GP that Yousef’s condition was deteriorating. His temperature was high, his nappies dry, his stools loose, he was refusing to eat and he was interacting less. He was lethargic and irritable.

The GP agreed to see Yousef face to face in the clinic but diagnosed him with hand, foot and mouth disease – despite a rapidly developing skin rash and no symptoms in these areas of his body.

Mohammed and Duaa asked the GP to refer Yousef back to the hospital for further assessment, but the GP refused to refer him. Once again, Mohammed, Duaa and Yousef were sent home. They remember feeling angry and frustrated, and like they were being ‘gaslighted’.

Yousef’s fourth attendance at A&E

Later that day, Yousef’s parents noticed swelling and discolouration around his bottom, which looked like an abscess. They rushed him back to A&E, where their concerns were once again dismissed.

It was only when Yousef began struggling for breath that he was rushed into a side room and put on oxygen. With his parents crying by his side, a consultant finally admitted that Yousef might have sepsis. Mohammed remembers saying, “I don’t want him to die.”

“Everything was too slow,” said Mohammed. “Giving him IV fluids, and antibiotics, you could see he was in severe pain. We begged them many, many times to give him something for the pain, but everything was slow. Everything was delayed.”

Yousef was eventually intubated and admitted to the paediatric intensive care unit (PICU) after suffering a vacant episode. Sadly, following several cardiac arrests – which resulted in a lack of oxygen and brain death – Mohammed and Duaa’s little boy passed away from overwhelming sepsis. He had just turned one.

Seeking justice and raising awareness

With the help of Janine Collier, who heads up the Medical Negligence team here at Tees, Mohammed and Duaa are bringing a sepsis negligence claim against Birmingham Children’s Hospital and are working to raise awareness of sepsis and the importance of listening to parental concerns, to ensure a lasting legacy for Yousef.

They said: “Our son was failed. He had many chances to survive, but they were all missed by healthcare professionals. He suffered so much pain and we still suffer from the trauma and horrible pain of losing our precious baby because of a whole system failure, medical negligence and lack of sepsis awareness.

“More must be done to stop the trauma and horror that we and other families have been through. We are very passionate about making a change – all hospitals should be able to follow Sepsis Trust or NICE guidelines and prevent such dreadful outcomes due to a completely curable and preventable illness.

“Parental concerns and repeated visits to A&E are equally important in recognising sepsis. Only together can we change a broken system and raise awareness about sepsis amongst parents and – most importantly – the professionals who are responsible for caring for us and our children.”

Janine, who is working closely with Mohammed and Duaa on their case, said:

“This is yet another devastating instance of how an overwhelmed health system and a total lack of sepsis awareness, has resulted in an entirely preventable death. At just one-year-old, Yousef has had his whole life snatched away from him, leaving his parents’ world in tatters.”

“Nothing will ever replace Yousef or make up for his death. However, we can work hard to secure justice for him and support Mohammed and Duaa as they in turn do everything they can to prevent this kind of tragedy from ever happening to another family.”

Tees Better Future Fund empowers Cambridge Acorn Project with £5,000 grant to extend trauma-informed support

The Tees Better Future Fund proudly announces its latest triumph in fostering positive change within communities, as it awards a £5,000 grant to Cambridge Acorn Project. Selected as one of four recipients in the recent round of applications, the Cambridgeshire-based charity is set to make a profound impact on the lives of children and families facing trauma, abuse, or emotional distress.

Cambridge Acorn Project stands as a beacon of hope, dedicated to alleviating the inequalities experienced by families across Cambridgeshire. With a therapeutic model of social work, the charity extends its support to children, young people, and families who have endured trauma while navigating the challenges of poverty.

We’re delighted to have been awarded funding from Tees’ Better Future Fund. This money is vital to extending our services in Cambridge and ensuring more children and families can access our support. With Cambridge being one of the most unequal cities in the UK it is imperative that we can embed our services in local communities to ensure quick and easy access to therapeutic support for children and families who have experienced trauma and abuse.”

The demand for their services has surged as an increasing number of children and families find it challenging to access support from existing channels, particularly around mental health services. In response to this pressing need, the Cambridge Acorn Project is expanding its reach by establishing a new satellite hub in the King’s Hedges ward, complementing the success of their existing Cambridge Drop-In Hub in Abbey Ward.

The King’s Hedges area of Cambridge is amongst the 20-30% most deprived in the UK, underscoring the pervasive deprivation prevalent within the city. The extended satellite provision aims to make therapeutic support easily accessible to more children and families, allowing them to drop into their local wellbeing hub without the need for a professional referral. This innovative approach is rooted in person-centred service delivery, ensuring that support is delivered in a manner that aligns with their needs and preferences.

Cambridge Acorn Project is truly inspirational – tirelessly dedicating itself to delivering comprehensive, trauma-informed therapeutic and structural support to children and families navigating trauma and poverty. Having collaborated closely with CAP over the past year, we have witnessed firsthand the transformative impact of their work and the urgent and increased demand for CAP’s services. The forthcoming expansion through a new satellite hub in King’s Hedges is a beacon of hope, ensuring that more children and families can readily access the vital support they deserve. We are delighted to stand in partnership with Cambridge Acorn Project as they continue their mission to alleviate the suffering of children and their families, making a lasting difference in our community.” Commented Janine Collier, Co-Chair of the Tees Better Future Fund.

Trained, registered therapists, social workers, caseworkers, and assessment practitioners, along with supervised peer-support volunteers, will form a dedicated team providing a range of services through the new satellite hub. From enrichment support for children to family support fostering safe homes, the hub will serve as a comprehensive resource hub offering planning support, casework support, and a referral pathway to the legal clinic delivered in partnership with Tees.

To open this new satellite hub one morning per week in term time, the Cambridge Acorn Project will also need to increase staffing around the satellite hub to ensure they can undertake outreach hub services and also undertake follow-up work generated from contacts at the hub.

The additional staff capacity will not only enhance our ability to provide personalised therapeutic support to children and families but also strengthen our collaborations with schools, businesses, and voluntary partners. Together, we can create a network of support that has the potential to support emotional recovery for children and families post-trauma,” emphasised Hannah Chapman, Cambridge Acorn Project’s Charity Manager.

As an example of the transformative nature of their work, a parent who has recently accessed the existing hub explained: “This service has saved my sanity and given us hope for the future. I don’t know what would have happened without the understanding, support, and encouragement I’ve gained”.

The Tees Better Future Fund and the Cambridge Acorn Project are united in their mission to create a better future for children and families facing adversity. This grant represents a shared commitment to building resilient communities where every child has the opportunity to thrive.