MIDWIVES could sue the NHS after an investigation found Basildon Hospital failed to act quickly enough to protect staff from potential risks following a nitrous oxide leak.

Hospital bosses apologised to staff after an independent review criticised the “unacceptable delay” and a failure to act after the nitrous oxide leak in the maternity ward.

While higher levels of the gas are safe in the short term – so people giving birth in the unit were never at risk – prolonged exposure can lead to health issues including an impact on fertility.

As an employer, the Mid and South Essex NHS Trust did not fulfil its responsibilities in relation to a duty of care to staff in a timely manner, an independent inquiry found Now, the Royal College of Midwives, the trade union dedicated to serving midwifery, says it is exploring taking legal action over the leak.

An air quality test conducted three years ago showed maternity staff at the hospital had been exposed to almost 30 times the legal workplace limit for nitrous oxide, known as Entonox.

Hospital bosses had been aware of high levels of Entonox, used as pain relief during labour, in the ward since the summer of 2021. However, they only told staff in October 2022 when units to help clean the air were finally delivered to the hospital.

A spokesman for the Royal College of Midwives said: “We welcome the investigation report and are here to support midwives and maternity support workers in maternity units.

“We are currently exploring with them whether there is any legal remedy for those who have experienced harm due to excessive exposure to Entonox.”

Matthew Hopkins, chief executive of Mid and South Essex NHS Trust, said: “We have invested in improvements to our maternity units and particularly at Basildon, where we have made a number of changes, including replacing windows and installing specialist air cleaning units to improve the environment for staff and service users.”

However, the spokesman added the gas leak is not the only grievance the union has with hospitals nationwide.

They added: “Across the UK, too many of the buildings that house maternity services are simply not fit for purpose. We know of crumbling walls, ceilings being held up by props, and even sewage flowing onto wards. These aren’t cosmetic issues. We need to see proper investment in maternity services.”