NHS maternity negligence claims

Maternity negligence occurs when the standard of medical care provided during pregnancy, labour, or the postnatal period falls below what is acceptable, leading to avoidable harm to the mother, baby, or both.

This can include failure to diagnose or manage conditions like pre-eclampsia or gestational diabetes, delayed recognition of foetal distress, errors in the use of delivery instruments, poor decision-making during emergencies, or inadequate postnatal monitoring.

The consequences can range from physical and psychological trauma to life-altering conditions including cerebral palsy, hypoxic brain injury, stillbirth, neonatal death, or serious maternal injury.

In most cases, the mother has three years from the date of the injury – or from the date she became aware that the injury may have been caused by negligence – to bring a claim.

For children, a claim can be brought at any time before their 21st birthday if they have capacity. If a child lacks capacity, there is no time limit, and a parent, relative, or the Official Solicitor may act on their behalf.

Limitation rules can be complex, and there are exceptions in certain circumstances. It is important to speak with a specialist solicitor as early as possible to avoid missing important deadlines. We will advise you clearly based on your individual situation.

The amount of compensation depends on several factors, including the severity of the injury, its long-term impact on the child or mother, the level of care needed going forward, and any financial losses incurred.

Claims are generally made up of two elements. General damages cover pain, suffering, and loss of amenity – the effect the injury has had on quality of life. Special damages cover financial losses and expenses, including medical costs, ongoing care, travel costs, lost earnings, and anticipated future costs.

Cases involving serious conditions such as cerebral palsy or hypoxic brain injury can result in multi-million-pound settlements. Speaking with one of our specialists is the best way to get a realistic assessment based on your circumstances.

We will help you gather everything needed to build your case. Key pieces of evidence typically include:

• Medical records: all relevant records from your prenatal care, labour, delivery, and postnatal period
• Witness statements: from you, your partner, or anyone else who witnessed the care provided
• Expert evidence: independent medical experts will give their opinion on whether the standard of care was breached and how that caused harm – this is central to establishing negligence
• Complaints correspondence: any letters, emails, or responses from the NHS or healthcare provider
• Photographs or video: where relevant, visual evidence of visible symptoms or conditions
• Financial records: documentation of any costs or losses incurred as a result of the negligence

Yes. Most maternity negligence claims can be funded on a No Win No Fee basis, also known as a Conditional Fee Agreement (CFA). This means you do not have to pay legal fees upfront, and there is no financial risk to you if your claim is unsuccessful.

If your claim succeeds, your opponent pays the majority of your legal costs. Any unrecovered costs would come from an agreed percentage of your settlement – and we will always agree this with you in advance. We can also advise on insurance policies that protect you if your claim does not succeed.

For some cases – particularly where a baby has suffered a brain injury during pregnancy, at birth, or in the first eight weeks of life – legal aid funding may also be available. When we speak to you, we will assess which funding option is right for your situation.

Legal aid may be available to help cover the costs of a claim where a baby has suffered a brain injury during pregnancy, at birth, or in the first eight weeks of life. When we speak to you, we will assess whether your case is likely to qualify for legal aid funding.

If legal aid is not available in your situation, we will explain the alternatives – including No Win No Fee agreements and insurance-backed funding options. Talk to one of our specialists to find out which route is right for you.

A group action – sometimes called a multi-party claim – is where a number of families who have been affected by failings at the same NHS Trust or hospital bring their claims together. This can offer real advantages.

Shared evidence and timelines can make the process more efficient. Bringing cases together allows our team to identify patterns of systemic failing across multiple cases, which can be powerful in holding a Trust to account. Group actions also tend to support broader change – they help shine a light on wider problems in maternity safety and push for meaningful improvements.

Many parents also find reassurance in knowing that others have shared similar experiences. Fletchers has experience acting for multiple families affected by the same Trust, and we are well placed to advise whether a group approach may be right for your situation.

Yes. We are able to support people with hearing difficulties through the SignVideo platform, which connects you with a British Sign Language (BSL) interpreter. Please get in touch and we will explain how to access this service.

In June 2025, Health Secretary Wes Streeting publicly acknowledged that maternity care failings are not isolated events, but part of a wider pattern of systemic issues within some NHS Trusts. This admission confirms what many families and legal experts have known for years that too many lives are affected by poor care, under-resourcing, and lack of accountability in maternity services. There were a number of poorer performing Trusts identified including:

• Gloucestershire Hospitals NHS Trust
• Leeds Teaching Hospitals NHS Trust
• Shrewsbury and Telford Hospital
• East Kent Hospitals NHS Trust
• University Hospitals of Morecambe Bay NHS Foundation Trust
• Nottingham University Hospital NHS Trust
• University Hospitals Sussex NHS Foundation Trust
• Mid and South Essex NHS Foundation Trust
• South Tees Hospital NHS Foundation Trust
• Leeds Teaching Hospitals NHS Trust