More than 100 maternity staff, including midwives and healthcare assistants, are taking legal action against Mid and South Essex NHS Foundation Trust after claiming nitrous oxide exposure at Basildon Hospital caused fatigue, anxiety, headaches, and brain fog. An independent review by the Good Governance Institute previously found the trust "failed to act with candour" over the dangerous gas levels.
Background of the Case
Two years ago, the independent review concluded that Mid and South Essex NHS Foundation Trust "failed to act with candour" and exhibited an "unacceptable delay" in responding to concerns about dangerous levels of nitrous oxide in the maternity unit at Basildon University Hospital. The review found that midwives and other staff were "exposed to unnecessary risk or potential harm." It highlighted that high levels of gas on wards needed to be treated as a significant health risk when concerns were first raised in July 2021, yet no action was taken until October 2022. The trust stated it was addressing the review's findings.
Staff Symptoms and Legal Claims
In a fresh development, staff who worked at Basildon Hospital between 2018 and 2023 are now pursuing legal action. They report symptoms including fatigue, anxiety, headaches, and "brain fog." The Press Association understands that several claims have already been settled, with total settlements exceeding £89,000, covering damages, claimant costs, and NHS legal costs. In total, 141 claims have been received by NHS Resolution.
Nitrous Oxide Use and Risks
A 50:50 mixture of nitrous oxide and oxygen, commonly known as "gas and air," is widely used to manage pain during labour and is considered very safe by the NHS for this purpose. However, according to the Health and Safety Executive, prolonged exposure to high levels in the workplace can trigger serious health complications, including neurological disorders and anaemia.
Trust Response and Improvements
Denise Townsend, acting chief nursing officer for Mid and South Essex NHS Foundation Trust, said: "We are sorry and acknowledge that we should have acted faster to address the issues. Since the incident we have learnt lessons and part of this is that we have improved our oversight of the monitoring of medical gases across the maternity unit at Basildon Hospital." The trust now employs scavenger equipment designed to extract nitrous oxide from the air. Several other NHS trusts have also been found to have excessively high nitrous oxide levels.
