Parents of babies murdered by Lucy Letby could receive less than £13,000 in compensation
- The amount parents will receive following the successful claim is set at £12,980
Parents of babies murdered by Lucy Letby could receive less than £13,000 in compensation, it emerged yesterday.
The so-called bereavement award for those who lose loved ones due to negligence in the NHS is set by the Government and capped in law.
In cases which occurred prior to May 2020, such as those involving babies killed by the neo-natal nurse, the amount of compensation their parents will receive following a successful civil claim is set at just £12,980.
Last night one solicitor representing families of Letby’s victims called for the payout to be increased to reflect the seriousness of her clients’ loss.
Tamlin Bolton, a senior associate solicitor at Switalskis Solicitors, said no amount of money would be enough to compensate parents for the murder of their babies or the trauma they had suffered.
Parents of babies murdered by Lucy Letby could receive less than £13,000 in compensation, it emerged yesterday
Last night one solicitor representing families of Letby’s victims called for the payout to be increased to reflect the seriousness of her clients’ loss
While completing a three-year nursing degree at Chester University, Letby went on placement at the local hospital where she would later kill or maim her victims
But she insisted the award ought to be increased from this ‘exceptionally low’ amount.
‘It is very difficult for anyone to put a finger on how much a bereavement is worth and essentially how we financially value a life,’ she said.
‘Is the death of a husband that you have built a life with for 20 years’ worth more or less than that of the life of a newborn baby? It is a really complicated question. If the award were increased to £50,000 why not £100,000? If £100,000 why not £500,000?
‘There is some merit in saying that having a set amount could be considered appropriate because the alternative may see people ending up in court, trying to convince a judge how much their loved one was worth to them, which is arguably a worse position, especially if that bond or the closeness of the relationship is challenged by the other side.
READ MORE: Hospital boss wanted to ‘protect Lucy Letby from allegations’ that she was murdering babies as nurse accused consultants of running a ‘witch-hunt’ against the serial killer
‘However, I do think some reflection should be given as to how that set amount aligns with the damages award for other injuries. For example, the bereavement figure is equivalent to someone who receives damages after suffering a short standing knee injury. How can that be in any way comparable?
‘Families would maybe get some comfort if the figure was increased to what we would typically consider to be “significant”, so that it could have an impactful impression on their lives. A bigger amount would also not only reflect the seriousness of their loss, but also act as a financial punishment to the organisation at fault.
‘It is the only mechanism we have to acknowledge the loss in the civil courts.’
She added that many of her clients don’t want to accept the derisory figure and typically donate the award to charity.
Parents may also be entitled to damages for any psychological injuries they have suffered as a consequence of the bereavement, Miss Bolton added. But this is usually a relatively small amount also, she said.
They will also be able to apply for monies from the Criminal Injuries Compensation Authority, the government body that handles claims from victims of a violent crime. The amount for a fatality is also capped by the CICA at a maximum of £11,000.
In cases where children have been left with life-long brain damage, as the trial heard had happened to three of the babies attacked by Letby, Miss Bolton said the compensation awarded following any civil claim would be significantly higher and could run into many millions of pounds.
She also agreed with other solicitors representing families of Letby’s victims, and senior doctors who tried to blow the whistle at the Countess of Chester Hospital, that only a full public inquiry, which compelled witnesses, including the hospital managers, to attend and forced the Trust to disclose crucial documents, would get the parents the answers they deserved.
Tony Chambers, who stepped down as the Chief Executive of the Countess of Chester Hospital after the police launched an inquiry into the deaths of babies
Hospital bosses wanted to ‘protect Lucy Letby from allegations’ that she was murdering babies as a nurse accused consultants of running a ‘witch-hunt’ against the serial killer
‘Relying on the voluntary willingness of key NHS staff to opt in to give evidence and hoping that they will turn over all the necessary documents is just illogical,’ she added.
‘The NHS is a public body funded by public money. We are talking about significant safeguarding issues here. It is important to understand what happened, if it was preventable and what we can learn from it. A public inquiry is the only forum that can properly explore such serious matters. We have a mechanism available to us, it should be used.’
She said that the majority of the families she acted for had babies harmed in 2016, so any civil claim, like the inquiry, would be focusing on if anything ‘could have or should have been done’ to stop Letby sooner.
Miss Bolton added. ‘It is really important for us to look at the timeline of what happened. To look at when steps could have or should have been taken to remove her from the unit, in order to work out whether harm and deaths could have been prevented. That ‘That doesn’t necessarily mean sacking Letby or contacting the police,’ she said.
‘Sometimes where there are concerns about a staff member’s performance or level of care, a Trust can suspend them while they investigate any concerns. We will be looking at whether this should have happened in Letby’s case.
‘I am in contact with lawyers from the Trust and they have been very co-operative and willing to help so far. If they choose to contest these claims, it would not be a good look, but we will have to wait and see. I expect it will take one to two years before any civil claims will be resolved for the families.’
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