Midwives win £750,000 over hospital gas exposure

More than 120 midwives and maternity staff have been awarded nearly £750,000 in compensation following exposure to high levels of nitrous oxide at Basildon University Hospital. The compound, commonly used as pain relief in labour, led to staff reporting symptoms including fatigue, headaches, brain fog, and anxiety.

The exposure took place between 2021 and 2023. The Royal College of Midwives (RCM) stated that poor ventilation on the maternity unit and leaking gas lines were the causes. While nitrous oxide is safe for patients during birth, prolonged exposure to high concentrations can cause adverse health effects for staff.

Legal Action and Trust Response

Thompsons Solicitors initiated legal action on behalf of the affected staff. Daniel Poet, a partner at the firm, stated that the trust was aware of the dangers in 2021, but staff were not informed until the following year, and safety measures were not implemented for another year. He described this delay as unacceptable and stressed the need for lessons to be learned to protect workers' health.

An independent review conducted by the Good Governance Institute two years ago found an 'unacceptable delay' by Mid and South Essex NHS Foundation Trust in responding to concerns about dangerous nitrous oxide levels. The review concluded that staff were exposed to 'unnecessary risk or potential harm' and that the high gas levels on wards should have been treated as a significant health risk from July 2021, but action was not taken until October 2022.

Gill Walton, chief executive and general secretary of the RCM, described the settlement as a 'landmark' for RCM members and called for all NHS employers to take notice. She emphasised that the case concerned working conditions and not the safety of gas and air for patients. Ms Walton also highlighted ongoing issues with failing ventilation and outdated facilities in maternity units across the UK, urging the government to invest in bringing buildings up to standard.

Louise Crosby, chief nursing and quality officer for Mid and South Essex NHS Foundation Trust, acknowledged that the trust should have acted more quickly and apologised to staff. She confirmed that lessons have been learned and oversight of medical gas monitoring in the maternity unit at Basildon Hospital has been improved.

Government Investment in Maternity Safety

A spokesperson for the Department of Health and Social Care stated that every patient and staff member should feel safe in NHS hospitals. The government is investing £271 million specifically to address critical safety risks within the NHS's maternity and neonatal estate, aiming to provide enhanced protection for mothers, babies, and healthcare staff.