More than 100 maternity staff are taking legal action against a hospital trust after being exposed to dangerous levels of nitrous oxide. The staff, including midwives and healthcare assistants who worked at Basildon University Hospital in Essex between 2018 and 2023, claim they have suffered symptoms such as fatigue, anxiety, headaches, and brain fog.
Independent Review Findings
Two years ago, an independent review by the Good Governance Institute found that Mid and South Essex NHS Foundation Trust “failed to act with candour” and there was an “unacceptable delay” in its response to concerns about nitrous oxide levels in the maternity unit. The review concluded that midwives and other staff were “exposed to unnecessary risk or potential harm.” High levels of the gas on wards “needed to be treated as a significant risk to health” when concerns were raised in July 2021, but action was not taken until October 2022.
Health Risks of Nitrous Oxide
Nitrous oxide, mixed 50:50 with oxygen as “gas and air,” is commonly used for pain relief during labour and is generally considered safe for patients. However, according to the Health and Safety Executive, high workplace exposure can cause serious health effects, including neurological problems and anaemia.
Trust Response
The trust has been contacted for comment. In 2024, chief executive Matthew Hopkins apologised, stating: “While we now have robust systems in place and are confident that nitrous oxide levels are well within 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 it doesn’t happen again. I would like to sincerely apologise to the staff in the unit and thank them for their patience and commitment to the families using our maternity service.”



