Department of Health birth injury compensation policy research

In light of the recent focus on maternity safety highlighted in the National Maternity Review: Better Births, the Department of Health (DH) are looking at options for a new non-adversarial, administrative compensation scheme for severe brain injuries during birth.

The scheme would have the main aims of: reducing the number of severe avoidable birth injuries by encouraging a learning culture; improving the experience of families and clinicians when harm has occurred; and making more effective use of NHS resources. Overall, the scheme should reduce the need for the litigation process, but both options would remain available to families at all stages.

Very little is currently understood about the experience and views of families who experience brain injury during birth. Therefore, in 2016, DH commissioned Ipsos to undertake qualitative research to explore the ‘journey’ families experience; their decision making around litigation; and views of the potential policy options and care arrangements.

The fieldwork took place between May and October 2016, and comprised in-depth interviews and discussion groups, including:

• Seven interviews with parents/families who had experienced brain injury during birth;
• Eleven stakeholder interviews including solicitors – claimant and defendant, a case manager, the NHSLA, and charity representatives;
• Four interviews with clinicians with an understanding of cases of brain injury during birth, such as Heads of Midwifery; and
• Four general public discussion groups with around eight parents in each, all with at least one child under four years old.

A four stage design for the potential scheme was tested with participants across the research, and the findings were analysed around key stages in the journey for families.

DH launched a 12-week consultation on the proposed scheme in March 2017.