The Ockenden report into maternity services at Nottingham University Hospitals NHS Trust is hard to read. For many families, though, it will not come as a shock. It puts into words what they have lived with for years: that they raised concerns, asked questions and trusted people to keep them and their babies safe, but were not always listened to.
As clinical negligence lawyers, we are deeply disappointed by the findings, but sadly not surprised. We speak to families all the time who say the same thing. Something felt wrong. They asked for help. They trusted the system. Then, when things went badly wrong, they were left trying to piece together what happened. These are not just findings. They are families.
The report looked at more than 2,500 family cases involving maternity and neonatal care at Nottingham University Hospitals NHS Trust. It sets out areas where urgent learning and change are needed. However, reports can sometimes make tragedy sound neat and contained. This is not neat. Behind every case is a family whose life was changed. A mother who knew something was not right. A baby who should have been safer. Parents who are still living with the consequences every day.
Listening to women is part of safe care
One of the themes we see again and again in birth injury cases is that women and families were not listened to. A mother may report reduced movements, pain, a change in labour, or simply say that something does not feel right. Those concerns should never be brushed aside.
Listening is not an optional extra. It can be the difference between acting in time and acting too late. When warning signs are missed, or when care is not escalated quickly enough, the consequences can be devastating. Some families lose their baby. Others are left caring for a child with life-long disabilities which could and should have been avoided.
Harry’s story: a preventable tragedy
Harry’s story shows why this matters so much. His mother, Sarah, had an uneventful pregnancy until she arrived at hospital. When her waters broke, there was meconium. That should have been treated as a warning sign about Harry’s wellbeing.
Harry was later born with signs of serious injury. He suffered neonatal seizures and was diagnosed with brain damage. He now lives with cerebral palsy, microcephaly, a seizure disorder, delayed speech and language development, and behavioural difficulties. The hospital admitted that he should have been delivered 25 to 30 minutes earlier.
That is such a short period of time. Half an hour. But for Harry and his family, it changed everything.
Sarah came to Wolferstans when Harry was only a few months old. We investigated what had happened, obtained expert evidence, and the evidence showed that Harry’s injuries were caused by the delay in delivery. We were able to secure interim damages so the family could buy a suitable home and put care, therapy and support in place while Harry’s long-term needs were assessed.
The claim eventually settled for a lump sum of £6,750,000, with annual payments to help meet Harry’s care and case management needs for life. The settlement had a capitalised value of more than £19.8 million and included protection so Harry can seek more support if his condition significantly worsens in the future.
Comment from Elizabeth Smith
Elizabeth Smith, Senior Injury Litigation Partner at Wolferstans, said:
“The Ockenden report is devastating, but sadly it reflects what many families have been telling us for years. These families are not looking for blame for the sake of it. They want someone to be honest with them. They want answers. They want to know that lessons have been learned so the same thing does not happen to another baby or another mother. Behind every statistic is a real family whose life has been changed forever, and we must never forget that.”
Why legal claims matter
No legal claim can take away what happened. It cannot give a family back the birth they should have had. It cannot undo the fear, the appointments, the uncertainty, or the grief.
What it can do is help a family get answers and make sure there is proper support for the future. For a child with a serious brain injury, that might mean adapted housing, therapies, equipment, care and case management. It can also help shine a light on what went wrong, so that lessons are not ignored.
Our message to families affected by maternity harm
If your family has been affected by maternity harm, you may still be trying to understand what happened. You may have questions that have never been properly answered. You may also feel unsure about speaking to a solicitor. Many families do.
Asking for advice does not mean you are being difficult. It is often the first step towards understanding the medical evidence and finding out whether anything could have been done differently.
At Wolferstans, we will listen to you, explain things clearly, and move at a pace that feels right for you. If you are worried that you or your baby received unsafe maternity care, we are here to help you understand your options.