Bosses have ruled relatives of those injured or who lost babies or loved ones at East Kent Hospitals University NHS Trust should prove the health service was responsible if they want a payout, despite the findings of a damning investigation.
Dr Bill Kirkup, who led the official inquiry, said he is "extremely disappointed" in the new ruling by NHS Resolution, which represents trusts when claims are made.
His inquiry into maternity care at the trust's William Harvey hospital in Ashford, and Queen Elizabeth the Queen Mother hospital in Margate, published in 2022, linked poor care to the deaths of 45 babies and life-changing injuries to 12 others.
It also concluded 23 women may have avoided death or injuries had "nationally recognised" standards of care been given.
It also disclosed a litany of failures and a toxic culture that persisted for more than a decade.
Doctors, nurses and midwives failed to provide basic care, such as monitoring a baby's heartbeat, performing emergency caesareans or providing antibiotics.
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