The recent reports regarding University Hospitals Sussex NHS Foundation Trust are harrowing. For any parent, the loss of a child is an unimaginable tragedy. To learn later that such a loss might have been avoided had things been done differently is something no family should have to live with.

As a solicitor specialising in clinical negligence, I spend my days reviewing medical records and speaking with families who have been let down by the system. However, cases like those recently highlighted by the BBC, where parents believe "missed chances" led to the deaths of their babies, serve as a stark reminder of why we do this work. It isn't just about litigation; it is about accountability, transparency, and, most importantly, ensuring that the same mistakes are not repeated.

The situation at Sussex: What we know

The reports focus on a series of incidents within the trust’s maternity services. Families have come forward to describe a culture where concerns were allegedly dismissed, and critical windows for intervention were missed. In several instances, parents pointed to a lack of senior oversight and failures in monitoring fetal heart rates—tools that are fundamental to safe obstetric care.

When a healthcare trust is under such scrutiny, it often points to systemic issues rather than the failure of a single individual. It suggests that the safety net designed to protect mothers and babies may have had significant gaps. For the families involved, the search for answers is often as much about preventing future harm to others as it is about finding justice for their own child.

The importance of listening to parents

One of the most recurring themes in maternity negligence cases is the feeling that "mother knows best" was ignored. In the Sussex reports, several parents mentioned that they raised concerns about reduced fetal movement or their own wellbeing, only to be reassured that everything was "normal" without adequate investigation.

In clinical practice, the patient—or in this case, the expectant parent—is often the first person to notice when something is wrong. Patient safety is not just about high-tech monitors and surgical skill; it is about communication. When a clinician fails to listen to a patient’s concerns, a vital piece of diagnostic information is lost.

At JMW, we often see that the "human element"—the failure to communicate or the failure to escalate concerns to a senior doctor—is the root cause of many avoidable injuries.

NHS frameworks and the standard of care

It is important to understand that the NHS has robust frameworks in place designed to prevent these exact tragedies. The Saving Babies’ Lives Care Bundle, introduced by NHS England, provides clear guidance on reducing stillbirth and neonatal death. It focuses on several key areas:

• Reducing smoking in pregnancy.

• Risk assessment and surveillance for fetal growth restriction.

• Raising awareness of reduced fetal movement.

• Effective fetal monitoring during labour.

• Reducing preterm births.

When a trust fails to adhere to these nationally recognised standards, the risk to patient safety increases exponentially. If fetal heart rate monitoring (CTG) is misinterpreted, or if a high-risk pregnancy is not identified early through growth scans, the consequences can be catastrophic.

Furthermore, the Ockenden Report and the Kirkup Report, which investigated failures in other trusts, have already provided a roadmap for what "good" maternity care looks like. The tragedy in Sussex suggests that the lessons from these national enquiries are still not being implemented consistently across every ward in the country.

Patient safety: A proactive approach

While the majority of births in the UK are safe, it is vital that expectant parents feel empowered to navigate the system. Awareness is one of the best tools for ensuring safety. If you are currently under the care of a maternity team, here are some practical steps to consider:

• Trust your instincts: If you feel your baby’s movements have changed or slowed down, do not wait until your next appointment. Contact your maternity unit immediately. This is never seen as a "waste of time."

• Ask for a second opinion: If you feel your concerns are not being taken seriously by a midwife or junior doctor, you have the right to ask to speak with a consultant or a senior member of the team.

• Understand your care plan: Ask questions about your "pathway." Are you considered high-risk? If so, what extra monitoring should you expect?

• The "fresh eyes" approach: In many well-run units, a second clinician will periodically review fetal heart rate traces to ensure nothing has been missed. You can ask if this is standard practice at your hospital.

Moving forward: Transparency and change

For the families in Sussex, the road ahead is difficult. The trust has expressed its condolences and pointed to improvements made since these incidents occurred, but for many, words are not enough. They want to see tangible evidence that the culture has changed.

In my experience, when clinical errors occur, the "duty of candour" is essential. This is the legal obligation for healthcare providers to be open and honest with patients when something goes wrong. Sadly, many families feel they only get the full story once they have instructed a solicitor to investigate. This shouldn't be the case. Transparency should be the default, not the result of a legal battle.

The reports regarding the Sussex NHS trust are a sombre reminder of the fragility of life and the immense responsibility placed on our maternity services. Patient safety must always be the North Star of the NHS. When it is sidelined by staffing pressures, poor culture, or a failure to follow established guidelines, families pay the ultimate price.

We must continue to highlight these failings—not to disparage the hardworking staff who do an excellent job every day, but to ensure that the system as a whole is held to the highest possible standard. Every parent deserves to go home with a healthy baby, and every baby deserves the safest start in life.

If you have been affected by issues related to maternity care, it is important to seek support. Whether that is through patient advocacy groups, bereavement charities, or legal advice, you do not have to navigate this alone.