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New figures from the National Audit Office show a significant rise in the financial cost of accumulated clinical negligence across England with NHS liabilities at £60 billion - and likely to continue increasing significantly.
The report, published by the Department of Health & Social Care, highlights the profound impact these cases have on families, as well as the financial pressures on the NHS. While the largest increases come from a small number of very high-value obstetric claims, the figures reflect the lifelong consequences faced by children and parents.
Compensation claims for obstetric negligence are designed to provide essential support for the lifetime care needs of children who suffer for instance, brain damage or cerebral palsy, and to address maternal injuries. The average compensation of £11.2 million illustrates the level of care, treatment, and support required to help families rebuild their lives.
Rising Costs of Obstetrics Claims
The National Audit Office report reveals that increases in clinical negligence costs are primarily driven by a small number of very-high-value claims exceeding £1 million. In 2024-25, these cases accounted for 68% of total costs, yet represented only 2% of all claims by volume. The highest-value claims are typically associated with brain injuries suffered during maternity care, often involving newborns who develop cerebral palsy or experience significant brain damage during childbirth.
Between 2006-07 and 2024-25, the total cost for obstetrics claims involving cerebral palsy or brain damage increased by over £1 billion in real terms. This stark rise reflects not only the devastating nature of birth injuries but also the lifelong care and support requirements for affected children and their families.
Understanding Medical Negligence in Maternity Care
Medical negligence in obstetrics occurs when healthcare professionals fall below the expected standard of care during pregnancy, labour, or childbirth, resulting in injury to the mother or child. These cases can involve various medical professionals, including obstetricians, midwives, and other neonatal specialists working within the NHS or private healthcare settings.
Types of Maternity Negligence Cases
Birth injury claims can arise from numerous circumstances where the injury was due to medical negligence.
Common scenarios for mother and baby include:
Obstetric Negligence During Labour
Negligent care during labour and delivery represents a significant proportion of maternity negligence cases. This specialty requires medical professionals to make rapid, critical decisions. Failures can include delayed Caesarean section, improper use of obstetrical forceps, or inadequate monitoring of fetal distress. Such negligence can lead to devastating consequences including cerebral palsy, Erb's palsy, or permanent brain injury.
Maternal Injuries and Complications
Medical negligence can also cause serious maternal injuries during childbirth. These may include misdiagnosis of ectopic pregnancy, inadequate repair of perineal tears leading to fecal incontinence, unnecessary hysterectomy, or episiotomy complications. Some women experience severe pain, disability, or long-term health consequences affecting their female reproductive system and overall quality of life.
Misdiagnosis and Delayed Treatment
Medical errors in obstetrics and gynaecology can occur when healthcare providers fail to diagnose or adequately treat pregnancy-related complications. Conditions such as pre-eclampsia, gestational diabetes, or infections require prompt identification and management. Negligent misdiagnosis can have severe consequences for both mother and child.
Obstetric Negligence Compensation Claims
Families affected by birth injuries face extraordinary challenges. Compensation claims aim to provide financial support for the lifetime care needs of children who suffer brain damage or cerebral palsy, as well as addressing maternal injuries. The substantial average compensation of £11.2 million reflects the comprehensive support required, including:
- Compensation for pain and suffering experienced by the child and mother
- Lifetime care costs and specialist medical treatment
- Future lost earnings for the affected child
- Educational support and specialist equipment
- Adaptations for accommodation to enable independence and dignity
- Innovative or novel treatment options as medical technology advances
Court rulings on the eligibility of innovative treatment options can significantly increase compensation for all claims, ensuring that families can access the best possible care and support throughout the child's life.
Periodic Payment Orders vs Lump Sum Settlements
High-value obstetrics claims are often settled with periodic payment schedules rather than a single lump sum. This approach ensures ongoing financial security for families, providing regular payments to meet care costs as the child grows and their needs evolve. Such arrangements can be particularly important for cases involving children with cerebral palsy or brain damage, where care requirements may change over decades.
The Impact on Families and the NHS
Behind every statistic lies a family whose life has been devastated by medical negligence. Children born with cerebral palsy or brain injury require specialist, round-the-clock care. Parents often must give up careers to become full-time carers, facing not only emotional trauma but also significant financial pressure.
The data from NHS Resolution demonstrates that while clinical negligence claims represent a significant financial burden on the health service, they also reflect the profound human cost of substandard care. The specialty of obstetrics and gynaecology requires the highest standards of clinical practice, given the vulnerable nature of patients and the potential for life-changing injuries.
Expert Maternity Negligence Solicitors
If you or your child have suffered as a result of negligent care during pregnancy, labour, or childbirth, our specialist medical negligence solicitors can advise you on your legal rights. Our team has an established track record in handling complex birth injury claims and obstetrics cases.
Specialist Expertise
Our solicitors specialise in medical negligence claims, with particular expertise in obstetrics and gynaecology cases involving cerebral palsy, brain damage, and maternal injuries.
No Win, No Fee
We handle many injury claims on a contingent fee basis, meaning you don't pay legal fees unless your negligence compensation claim is successful.
Comprehensive Support
We work with medical experts to build robust evidence for your negligence claim and ensure you receive the compensation needed for lifetime care and support.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
