National Investigation into Maternity Claims of £3.5 billion

What Mothers & Families Need To Know About Compensation

A national investigation into maternity claims of £3.5 billion is underway. This is after a NHS Resolution report for 2024/25 confirmed that this staggering cost of claims made up 53% of notified claims by value for the 2024/2025 period. It further stated that £1.3 billion (42%) of the total clinical negligence payments over the same period were related to maternity claims.

This has been followed by an announcement by Health and Social Care Secretary, Wes Streeting that a rapid national investigation into NHS maternity and neonatal services be launched. While Streeting said “the vast majority of births are safe and without incident, but it’s clear something is going wrong”.

A raft of immediate actions to improve care will be implemented, as well as steps to hold failing services to account. This will see urgent investigations into 10 maternity and neonatal units.

Injury may result from errors during pregnancy or birth. However, if you or your baby has been affected with a birth injury due to negligence, you may want to find out more about a claim for compensation for the road ahead.

We partner with highly experienced clinical negligence lawyers who can assess whether you have a valid claim for compensation.

Types of Birth Injury Claims for Mothers

Mothers may suffer various injuries during labour and delivery due to poor medical care. Birth injuries can be traumatic, both emotionally and physically, for mothers and their new-borns. Some common maternal birth injury claims include:

1. Perineal Tears and Episiotomy Errors

While minor tears are common, improper handling or failure to perform an episiotomy when needed may lead to third- or fourth-degree tears. This can result in lasting pain and incontinence.

2. C-Section Errors

Delayed or improperly performed caesarean sections can result in infections, haemorrhage, or even organ damage. A claim may be viable if the delay caused harm that could have been prevented by intervention.

3. Infection Due to Poor Hygiene or Delayed Treatment

Mothers can contract infections in the hospital due to poor sterilisation practices or delayed diagnosis of conditions such as endometritis or sepsis.

4. Anaesthesia Complications

Errors in administering epidurals or general anaesthesia during labour can lead to severe nerve damage, allergic reactions, or prolonged loss of function.

Types of Birth Injury Claims for Babies

Babies are especially vulnerable during birth. If a healthcare professional fails to follow standard procedures, the consequences can be lifelong. Some birth injuries to babies may include:

1. Cerebral Palsy

This is often caused by a lack of oxygen to the baby’s brain during delivery. Therefore, cerebral palsy may be preventable with proper monitoring and timely decisions. Cerebral palsy compensation claims are among the most common birth injury lawsuits.

2. Erb’s Palsy

This condition results from shoulder dystocia, where a baby’s shoulder gets stuck behind the mother’s pelvic bone. Improper use of force can damage the brachial plexus nerves, causing paralysis or limited movement.

3. Fractures or Bone Injuries

Improper use of delivery tools like forceps or vacuum extractors can cause fractures. This may especially affect the collarbone or skull.

4. Brain Damage Due to Oxygen Deprivation

Also known as hypoxic-ischemic encephalopathy (HIE), this can occur when a baby’s oxygen supply is interrupted. This may often due to prolonged labour or cord prolapse.

5. Facial Nerve Damage

Misuse of forceps during delivery can injure facial nerves. This may potentially cause temporary or permanent facial paralysis.

When Can You File a Medical Negligence Claim for Birth Injuries?

Not every birth injury results in a successful claim. To file a birth injury medical negligence claim, you must be able to prove the following:

Duty of Care

Medical professionals owe you and your baby a duty of care during pregnancy, labour, and delivery.

Breach of Duty

You must demonstrate that the standard of care fell below what a competent healthcare provider would have delivered in similar circumstances.

Causation

It must be proven that the breach of duty directly caused the injury to you or your baby.

Damages

There must be quantifiable physical, emotional, or financial damages resulting from the injury. This may include ongoing medical costs, rehabilitation, loss of earnings, and emotional suffering.

Example: If a baby develops cerebral palsy due to delayed recognition of foetal distress by the healthcare professional – when an earlier delivery would have prevented brain damage. In such a case, the family may be eligible to file a claim for cerebral palsy.

How to Start a Birth Injury Claim

If you suspect medical negligence caused a birth injury, here are the next steps to take:

• Seek immediate medical attention to address the injury.
• Request your full medical records.
• Document everything – symptoms, treatments, hospital communication, and related expenses.
• Act within the legal time limit which is typically 3 years from the injury date. Exceptions apply if the injured party is a child or lacks capacity.

Why It’s Important to Seek Legal Advice

Firstly, legal advice also allows you to focus on recovery while professionals handle the investigation, expert medical assessments and legal strategy.

Navigating a birth injury claim can be emotionally taxing and legally complex. A specialist medical negligence solicitor can guide you through the process, ensure deadlines are met and help maximise the compensation you’re entitled to.

Jefferies Claims partner with lawyers who can assess your case and who operate on a ‘No Win, No Fee’ basis.

Contact us today at 0333 358 3034. Alternatively, complete our online contact form to arrange an free,  no-obligation telephone consultation with a member of our expert team.

This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional around life expectancy questions.