Nottingham University Hospitals NHS Trust fined for 'catalogue of failings and errors' over death of Wynter Andrews who died 23 minutes after birth

January 26, 2023

An NHS trust has been fined £800,000 for a "catalogue of failings and errors" that led to the death of a baby 23 minutes after she was born.

Nottingham University Hospitals NHS Trust put Wynter Andrews and her mother Sarah at "significant risk of avoidable harm" in 2019, prosecutors said.

An earlier inquest ruled that Wynter died due to a loss of oxygen to the brain, which could have been prevented by staff at Queen's Medical Centre (QMC) in Nottingham.

Prosecutors told Nottingham Magistrates' Court the trust put the mother and daughter at risk of harm by being understaffed and failing to ensure staff at the centre were aware of its guidelines.

The trust admitted two counts of failing to provide safe care and treatment resulting in harm and loss.

Sentencing on Friday, district judge Grace Leong said: "The catalogue of failings and errors exposed Mrs Andrews and her baby to a significant risk of harm which was avoidable, and such errors ultimately resulted in the death of Wynter and post-traumatic stress for Mrs Andrews and Mr Andrews.

"My assessment is that the level of culpability is high, where offences on Wynter and Mrs Andrews are concerned.

"There were systems in place, but there were so many procedures and practices where guidance was not followed or adhered to or implemented."

District Judge Leong added the "systematic failures" were "more than sufficient" to cause harm to Wynter and her mother.

However, she said she was "acutely aware" that any fine would have to be paid out of public funds which would otherwise be spent on patient care.

Mrs Andrews said she was "failed in the most cruel way" by the trust and that its management was "repeatedly warned by staff about safety at the unit" but "failed to act".

The Care Quality Commission (CQC), which inspects health services in England, said last July that it would prosecute the trust.

The maternity unit at the QMC was rated as inadequate by the CQC, with the hospital overall rated as requiring improvement, when it was inspected last March.

Mrs Andrews was admitted to hospital on 14 September 2019, her planned due date, after an "uncomplicated" pregnancy.

An induced labour planned for 7 September was cancelled on her request, but an investigation later found this was signed off by a midwife without consulting an obstetrician, and limited reasoning was given for the decision in medical notes.

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Once Mrs Andrews was in labour, Wynter's heartbeat was described as "suspicious" by doctors, who decided to deliver her via caesarean section.

After complications during the surgery, she was delivered in a "poor" condition and died 23 minutes and 30 seconds later despite "extensive efforts" to resuscitate her.

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