Massive NHS payout for 'malingerer' mother wrongly blamed for death of her newborn baby

A grieving mother accused of contributing to the death of her newborn baby by ' malingering' during labour has been awarded hundreds of thousands of pounds in compensation. Hospital staff blamed Kerry Jones after her daughter Bron was starved of oxygen and left brain-damaged. The claims were made after life-support was removed from the day-old child following a traumatic delivery.

At a "hostile" inquest, a hospital lawyer called Miss Jones a "malingerer", criticised her for bringing a birth partner and said her failure to communicate with staff helped cause Bron's death. A midwife accused her of "burying her head in the pillows" and staff complained they "couldn't make somebody do something they don't want to".

The Royal Devon and Exeter Hospital later admitted doctors were negligent in failing to carry out a caesarean. Despite this, bosses then pulled out of a compensation meeting. But the High Court yesterday awarded 37-year-old Miss Jones compensation after hearing she had endured the "nightmare of feeling responsible" for the tragedy in 2002.

Mr Justice King said: "She suffered the trauma of hearing that Bron had severe brain damage, the trauma involved in withdrawing life-support, the trauma caused by the fact the trust felt she might be responsible for Bron's death. "Eighteen months later, the inquest she experienced was hostile, accusatory and blaming." "She was 'bright and personable' before her ordeal, he said, but had since 'shrunk in stature and personality'."

Miss Jones, of Crediton, Devon, had opted for a home birth with minimal medical intervention for her first child but agreed to go to hospital because her baby was three weeks overdue. She told staff she wanted a caesarean if necessary, but the request was ignored when there were complications. Bron was born at 4.35pm on September 8, but her mother was told she would not recover from the effects of oxygen starvation and she followed advice to turn off life-support at 6pm the following day. Within hours she was told the case would have to be reported to the coroner over "maternal matters".

At the inquest in 2004, the hospital barrister asked her more than 60 questions about decisions she took during labour. Midwives claimed they were "undermined" by the birthing attendant she had hired to provide emotional support, but the hearing heard staff had 'clear instructions' how to deal with such companions. The coroner ruled Bron could have survived if born by caesarean and recorded a verdict of accidental death, complicated by "difficulties in communication and monitoring".

Miss Jones split up from Bron's father, Marcus Bawdon, 34, after the inquest. Last night Mr Bawdon, of Exeter, said: "The ordeal was a nightmare. We were treated horrendously. "I haven't spoken to Kerry in a long time and this is something I don't want to discuss. It is still very painful."

The hospital admitted negligence in 2005 and apologised in 2006. But the case went to the High Court after it pulled out of a settlement hearing. Miss Jones's solicitor, Magi Young, said it was "one of the worst cases of injustice" she had seen in 20 years as a clinical negligence lawyer. "As a result of Bron's death and the fact she was blamed for it by the NHS, her life changed beyond recognition. "She was prevented from grieving because of the hospital's attitude towards her and because of the delay in her finally being told it was not her fault. "She developed serious problems including a pathological grief reaction. Her relationship broke up and she had to leave the job she loved as she could no longer function at work."

A hospital spokesman said: "We need to reflect on the views expressed by Mr Justice King and consider whether there are any lessons to be learned."

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Australia: Lack of beds delays public hospital surgery

DOZENS of life-saving operations are being cancelled every day in southeast Queensland public hospitals because no intensive care unit beds are available. Nine major surgeries were put off at Brisbane's Princess Alexandra Hospital on just one day last week due to the lack of post-operative ICU beds. Health sources said that was happening every day at the PA - despite a huge injection of extra funding from the State Government in January for this very problem.

The PA received a $10.4 million boost after the mid-year budget review, after the hospital had been forced to turn sick people away last year. A $15 million budget blowout led to 60 beds being closed in October and 20 per cent of operating theatre procedures cancelled. Premier Anna Bligh stepped into the non-surgery crisis and delivered the life-saving funds. "The PA Hospital will progressively reopen beds and restore theatre lists. This will enable the hospital to return to full activity within a few weeks," Ms Bligh said at the time.

But it would appear little has changed. On Tuesday, nine operations were cancelled or postponed because no ICU beds were available. For one cancer patient needing a life-saving Whipple operation, which involves the removal of the head of the pancreas, a portion of the bile duct, the gallbladder and the duodenum, it was the second time in two weeks that surgery was put off. His operation has been rescheduled for Tuesday, but it will go ahead only if there is a spare bed in intensive care for the following two days. Another patient was referred from Ipswich Hospital to the PA last week for heart surgery, but was sent home because no ICU bed was free.

A senior Queensland Health employee, who declined to be identified, told The Sunday Mail that operations were cancelled at the last minute because beds were taken by trauma patients. The source said a spate of major accidents had produced victims with severe injuries at the same time. As a result, patients waiting in hospital wards for serious surgery were sent home. He claimed the Government was reluctant to invest more money in ICU beds, which cost $10,000 a day to run.

A Queensland Health spokesman said there were 568 critical-care beds in Queensland including ICU, coronary, pediatric and neonatal units. More would come on line as new hospitals were built on the Gold and Sunshine coasts. The spokesman said Queensland Health did not collate statewide figures on the number of operations cancelled or postponed because of ICU bed unavailability.

Queensland Health's Public Hospital Performance Report for the 2007 December quarter revealed many patients were still waiting longer than recommended for critical surgery as record numbers presented to emergency departments. The report found that Category 1 patients who had waited longer than the recommended 30 days for surgery had almost doubled to 13.9 per cent in 12 months.

Opposition health spokesman John-Paul Langbroek slammed the Government for not fixing the problem at the PA. "Where has all the money gone? The PA is not allowed to say 'We cannot take people'. It begs the question: What is happening at all the other hospitals?" Mr Langbroek said.

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