More than 100 maternity staff sue NHS over nitrous oxide exposure

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More than 100 maternity staff are taking legal action against a hospital trust after being exposed to nitrous oxide.

Two years ago, an independent review found Mid and South Essex NHS Foundation Trust “failed to act with candour” and there was an “unacceptable delay” in its response to concerns about dangerous levels of the gas in the maternity unit at Basildon University Hospital.

The review, conducted by the Good Governance Institute, concluded midwives and other staff on the maternity unit were “exposed to unnecessary risk or potential harm”.

It said high levels of gas on wards “needed to be treated as a significant risk to health” when concerns were raised in July 2021, but this was not done until October 2022. The trust said it was taking action on the findings.

“The inquiry found that there was an unacceptable delay in responding to and mitigating a serious risk that had been reported into the levels of nitrous oxide on the Basildon University Hospital maternity unit,” the authors wrote.

Now, in a new development, staff including midwives and healthcare assistants who worked at Basildon Hospital in Essex between 2018 and 2023 are taking legal action, the BBC reported.

Two years ago, an independent review found Mid and South Essex NHS Foundation Trust ‘failed to act with candour’ and there was an ‘unacceptable delay’ in its response to concerns about dangerous levels of the gas in the maternity unit at Basildon University Hospital (PA)

They argue they have suffered symptoms including fatigue, anxiety, headaches and “brain fog”.

A 50:50 mixture of nitrous oxide and oxygen – or “gas and air” – is commonly used to help control pain during labour and is regarded by the NHS as very safe for this purpose.

But according to the Health and Safety Executive, high levels of workplace exposure can cause serious health effects, such as neurological problems and anaemia.

The trust has been contacted for comment.

Mid and South Essex NHS Foundation Trust chief executive Matthew Hopkins previously said in 2024: “While we now have robust systems in place and are confident that nitrous oxide levels are well within the safe limits, it is simply not acceptable that we took so long to act.

“We committed to commissioning an independent investigation to fully understand what went wrong and how we could ensure that it doesn’t happen again.

“I would like to sincerely apologise to the staff in the unit and thank them for their patience and their unwavering commitment to the families who use our maternity service.”

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