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Birth injury, youclaim.co.uk

Birth accidents and confidentiality agreements

In 2010 experts including no win, no fee medical negligence lawyers raised renewed concerns about the practice of the NHS in forcing staff to sign so-called "gagging orders" in order to prevent them from talking about surgical errors, misdiagnoses and birth accident negligence.

The practice most frequently involves the NHS paying off staff who are leaving the NHS, with around 90% of these severance deals containing confidentiality clauses which restrict the ability of staff to discuss poor and negligent hospital conditions.

A 2010 Freedom of Information disclosure revealed that more than 170 doctors in England and Wales have agreed to sign such agreements, with NHS trusts paying out in excess of £3 million on gagging orders. Furthermore, it is known that at least 71 NHS trusts have signed these agreements with staff, but the true figure is likely to be much higher.

However, it has been suggested that the gagging orders are a form of intimidation, with many staff who sign them doing so through fear of potentially-damaging consequences.

Mike Parker, of the Royal College of Surgeons, comments, "The trusts find something upon which they can influence this individual and hold them virtually to ransom, and say: 'You speak up and this will happen.' It's effectively a form of bullying, if you like, but we do hear about this sort of thing happening."

Additionally, there are concerns about the effect the confidentiality agreements have on patient safety. It is felt by many that patients have a right to full knowledge of a hospital's birth accident risk record.

One no win, no fee solicitor comments, "It would appear that a lot of effort and millions is going on preventing doctors from saying anything negative about standards should they leave a particular hospital or the NHS altogether.

"Surely the NHS has this the wrong way round? That time and money should be spent on caring for patients and bringing standards up to acceptable levels.

"Departing doctors wouldn't then have anything to be negative about."

Claim compensation for a birth accident
We all deserve the best possible medical care; never is this more so than when new life is being brought into the world.

If you or your child has suffered injury in a preventable birth accident that you believe was caused by the negligence or substandard care of maternity or obstetric staff, it may be possible to claim compensation for pain, injury and any ongoing complications.

The medical negligence lawyers here at YouClaim work to ensure that claimants receive the maximum amount of compensation possible.

Furthermore, we never take a penny from any settlement awarded. The entirety of any payout goes directly to the client.

To find out more about how we may be able to help you claim, whether it is for shoulder dystocia, cerebral palsy or a vaginal tear, feel free to discuss your details with an legal advisor in confidence and without obligation by using echat, completing an online claim form or calling us, on 0800 10 757 95.

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