Medical Negligence at Basildon Hospital

Medical Negligence at Basildon Hospital

Basildon Hospital has experienced problems in the last few years. Basildon and Thurrock University Hospitals NHS Foundation Trust was placed into special measures following a review by Sir Bruce Keogh in 2013. This arose due to concerns around the quality of care and high mortality.

The care quality commission (CQC) undertook a comprehensive inspection of the trust in the following year. Improvements were made and the trust was rated as “Good”.

A further inspection took place in 2015 because of concerns relating to safety arising out of staffing shortages within the critical care outreach team. As a consequence, the rating for the service at Basildon Hospital, overall, changed from “Good” to “Requires Improvement”. Critical care services improved the following year. Indeed, the overall rating for the hospital, following a further inspection in early 2019 was “Good”.

Unfortunately, improvements have not been maintained in all services at Basildon Hospital, with a mother dying in February 2019, following childbirth, caused by “serious failings” at Basildon Hospital.  Basildon hospital was in the headlines again in 2020 when a whistleblower expressed their concerns about the quality of maternity services.

If you have suffered harm or lost a loved one died to a failure in their duty of care, seek advice from experts in medical negligence.

IBB Claims medical negligence Solicitors are committed to ensuring we continue to deliver a record of success, helping individuals and their families secure justice and financial compensation for the consequences of hospital negligence.

We are able to support you in making the claim and to get the best result, to maximise the compensation you deserve. To make a medical negligence claim against Basildon Hospital please call 0333 123 9099, email enquiries@ibbclaims.co.uk or use the enquiry form to request a call back.

Death of Gabriella Pintillie

Gabriella Pintellie, aged 36, lost 6 litres of blood after giving birth to her daughter at Basildon Hospital in February 2019. The Romanian born mother bled to death after a breakdown in communication meant doctors conducting emergency surgery after the birth did not realise how much blood and blood clotting products were available. The coroner at Essex coroner’s court said there was a “situation of confusion” during the “crisis events”. She also said there was a “lack of leadership to deal with the situation” and that “there was a lack of coordination and teamwork”.

The maternity unit at Basildon Hospital was criticised following this young woman’s death and following the death of baby Ennis Pecaku in September 2018.

In 2020, information and analysis of data highlighted a cluster of six serious incidents where babies were born in poor condition and subsequently transferred out for cooling therapy during March and April 2020. Cooling therapy is a procedure which can be offered as a treatment option for newborn babies with brain injury caused by oxygen shortage during birth..

Whistleblowing at Basildon Hospital in 2020

On 19 August 2020 the Care Quality Commission (CQC) published a report into Basildon Hospital, following an inspection prompted by concerns raised by an anonymous whistleblower, about the serious incidences involving babies born in poor condition. The CQC rated maternity services as “inadequate”, meaning the service is performing badly and that the CQC have taken enforcement action against the hospital. Such inadequate services may lead to hospital negligence, resulting in harm or fatalities.

Why was the maternity services rated “inadequate”?

A number of reasons led to the rating, as follows:-

  • leaders did not have the skills and abilities to effectively lead the service
  • there had been a lack of learning from previous incidents
  • staff did not always complete training in key skills
  • the service did not always have enough staff to keep women safe and to provide the right care and treatment
  • multidisciplinary team working was dysfunctional
  • incidents were not always graded correctly according to the level of harm
  • the service did not make sure staff were competent for their roles

What action did the CQC take?

The CQC found some improvements from a previous inspection but concerns remained. Therefore, enforcement action was taken in relation to the maternity service. The CQC issued a warning notice on 23 June 2020.

The CQC said, “we have issued a warning notice requiring the trust to make urgent improvements to ensure mothers and babies are safe. The leadership team is clear about the steps they need to take and we will continue to monitor progress closely and will inspect again to check improvements have been made”.

Those improvements had to be made by 14 August 2020. The trust initiated an immediate action improvement plan to address the concerns.

On 19 August the trust said, “we have also overhauled our processes and training to ensure that we offer women the very best care and support and that we are addressing the issues raised by the Inspectors”.

What types of medical claims do you handle?

We act for patients and families on a range of medical negligence cases and therefore have extensive knowledge and experience, as well as the mistakes, errors and substandard care that can arise.

We have experience in a range of medical negligence claims as illustrated by the list below. Therefore, we are well placed to help with concerns, complaints and claims for medical negligence compensation against Basildon Hospital.

How much will it cost to make a Basildon Hospital medical negligence claim?

For the vast majority of medical negligence claims we offer to help you under a “no win, no fee” agreement, meaning that you do not have to worry about paying legal costs and being faced with a bill for those legal costs if the claim does not succeed.. “No win, no fee” means that if we do not succeed on your behalf, you have nothing to pay. Therefore, we can give you peace of mind from the start, providing clear advice on your prospects of making a successful claim, before we begin a detailed investigation.

To find out more about how conditional fee agreements work, please get In touch

Do I need to worry about making a medical negligence compensation claim?

We understand that you may be concerned about making a Basildon hospital medical negligence claim. You may be concerned about legal jargon, that you will be confused, that it will be time consuming, stressful or a waste of time.

We are here to help. We understand your concerns. We are experts. Our job is to make this as easy as possible for you.

First, if you’re continuing to receive treatment at Basildon Hospital, making a compensation claim will not affect the quality of treatment and care you receive. It is unlikely that the staff treating you will know that you are making a claim. The claim will not be dealt with by the hospital, personally, but by a specialist team, away from the hospital.

We endeavour to avoid legal jargon. We write and speak in plain English. We are approachable. Whether it is by letter, email, telephone or video call, you will see that we are on your side and here to help. We understand, because we are specialists. People first, lawyers second.

We will keep you informed of your claim at significant points but will take the stress out of making the claim. We cannot guarantee success in every case and if we are not able to succeed, on your behalf, you may consider it has been a waste of time. However, we succeed in recovering compensation in many, many cases and will pursue the case, on your behalf and in your best interest, as efficiently as possible.

If you would like to learn more about how we deal with medical negligence claims, please call and speak to a specialist. Alternatively, use our short enquiry form to get in touch.

How long do I have to make a medical negligence claim against Basildon Hospital?

The general rule is that you have three years from the date of the event that caused the illness or injury, to make a compensation claim against Basildon Hospital. Therefore, if your injury arises out of an operation on a specific day or a diagnosis made, you have three years from that date to pursue the claim. However, it is important that you seek legal advice at the earliest opportunity as evidence will need to be gathered to support your claim.

If you seek legal advice close to the third anniversary of the incident, there is likely to be insufficient time to prepare the case and obtain compensation. Therefore, seeking early advice will be of benefit. Not only will it mean that you are able to make a claim in good time, but it means vital evidence will not be lost. An individual’s recollection and memory of events will be fresher, the closer in time they give their account of what happened. It also means you obtain your compensation quicker.

There are different time limits for children and where medical negligence results in death.

In respect of children, the three year time limit does not start until their 18th birthday. Therefore, they have until 21 years of age. Nevertheless, it is similarly important that a claim is advanced on their behalf, by a family member, as soon as possible, to avoid vital evidence being lost. Pursuing a claim early also means that compensation can be obtained quicker.

Where the medical negligence results in death of a person, the three year time limit begins from the date of death.

Finally, for those who do not have legal capacity, perhaps due to a significant brain injury, to make a claim on their own, they have no time limit.

How much compensation will I receive?

The amount of compensation is dependent upon the nature of the illness or injury sustained and the consequences of that. One of those consequences may be an inability to work for a period of time or for the remainder of an individual’s life.

We handle medical negligence cases resulting in awards of a few thousand pounds up to multi-million pound awards, including claims for the injury, the cost of long term care, purchase of a new home, loss of earnings, equipment and support.  We pride ourselves on ensuring we fully understand the consequences of medical negligence upon the individual and their family, to ensure that we recover the maximum compensation.

How long will the medical negligence compensation claim take to get?

There are two principal factors which determine how long a medical negligence claim will take to resolve. First, is whether the hospital will accept responsibility for what happened. Secondly, the length of time it takes for an individual to recover from their injury or illness. To ensure full compensation is recovered for the injury, it is important to know the long-term consequences, if any, from the hospital negligence.

In every case it is necessary to gather evidence and to set out full details of the claim to the hospital. The rules provide clear timelines for a hospital to respond to medical negligence compensation claims. They are allowed four months to investigate and to state whether they accept responsibility. If not, legal proceedings may be necessary.

All medical negligence cases are likely to take 12 months to settle, due to the rules of court and to allow an individual to recover from their injury, although realistically, two years should be allowed to settle a hospital negligence compensation claim, to ensure full compensation is recovered for the individual.

Where do I get advice on how to make a Basildon Hospital medical negligence compensation claim?

IBB Claims medical negligence Solicitors are committed to ensuring that we continue to deliver a record of success, helping individuals and their families secure justice and financial compensation for the consequences of hospital negligence.

We are able to support you in making the claim and to get the best result, to maximise the compensation you deserve. To make a medical negligence claim against Basildon Hospital please call 0333 123 9099, email enquiries@ibbclaims.co.uk or use the enquiry form to request a call back.

 

 

 

 

 

 

Why ask IBB Claims Solicitors to act on your behalf?

 

We are accredited by the Law Society for Personal Injury Law reflecting our expertise in this area. IBB Claims’ partner Malcolm Underhill has particular expertise with all types of brain injuries, being accredited as a Brain Injury Specialist by the Association of Personal Injury Lawyers (APIL).

 

Our team is recognised by Chambers & Partners and the Legal 500, the two leading client guides to the legal profession, for our exceptional skill in handling clinical negligence claims.

 

Legal 500 judges IBB as having a “good” clinical negligence department and “puts the client’s interests at the forefront of every decision.” Simon Pimlott has “a real eye for detail and works incredibly hard to get the best result for each client.”  Simon has also been described by the publication as a “Rising Star”.

 

Chambers describes Malcolm as being a highly experienced personal injury practitioner with a strong focus on cases that involve brain injury. A client notes: "He is a very personable, sympathetic professional that has helped us as a family….."

 

A market source praises Malcolm’s "clear and empathetic understanding of the individual client and family situation." One impressed client adds: "Malcolm Underhill has been superb from the outset. He has in-depth knowledge gained from extensive experience, which is certainly advantageous."

 

Chambers and Partners also record that Simon Pimlott "communicates effectively and swiftly" and "works in a highly professional and client-focused way," according to commentators.

 

 

 

How do I get advice on how to make a Basildon Hospital medical negligence compensation claim?

IBB Claims medical negligence Solicitors have a record of success, based on experience, helping individuals to recover financial compensation for the harm they have suffered. We are able to help you make the claim and to get the best outcome. To make a medical negligence claim against Basildon Hospital please call 0333 123 9099, email enquiries@ibbclaims.co.uk or use the enquiry form to request a call back.