East Kent Hospitals University NHS Foundation Trust

Our specialist birth injury solicitors are here to guide you with sensitivity, expertise, and care. If your family was affected by failings in maternity care at East Kent Hospitals University NHS Foundation Trust, you may be entitled to make a claim.

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Author

Trevor Ward

Partner Solicitor, Head of Birth Injury Unit

Last Updated

16th July 2026

Can I make an NHS maternity negligence claim?

If you or your baby suffered harm as a result of failings in maternity or neonatal care at East Kent Hospitals University NHS Foundation Trust, you may be able to make a claim. The Trust has faced serious scrutiny following an independent investigation in 2022, which uncovered substandard care and repeated failures to listen to women who raised concerns. Sadly, these failings resulted in the deaths or injuries of dozens of mothers and babies.

If you have lost your baby, your baby was harmed, or you were injured yourself during maternity care at East Kent University Trust, you may be able to make a claim. The Care Quality Commission (CQC) rated maternity services at two of the Trust’s hospitals as ‘inadequate’ in 2023. Since then, the Trust has made progress – by 2025, the CQC updated its assessment, rating maternity services at both William Harvey Hospital in Ashford and Queen Elizabeth The Queen Mother Hospital in Margate as ‘good’.

However, this does not change the experiences of families who suffered harm during the period when standards fell short. These cases might feel historical, but in most cases you have three years from the date you became aware of the negligence to start a claim. There are also important exceptions for cases involving children and bereavement.

Even if you’re uncertain about the validity of your enquiry, our team can help you. Many of the families we support were unsure about their claim when they first approached us. But we’ll tell you honestly whether you’ve a case, and what your options are.

Example of an East Kent maternity negligence claim

These cases are very sensitive, and we are currently dealing with cases on a confidential basis. But investigations into the Trust have revealed a number of incidents where families were failed by the medical team responsible for them. In one case, a baby died when staff failed to believe that his mother was in early labour. Another mother suffered a stillbirth, when she raised concerns about slow foetal movements, and staff failed to find a heartrate during an examination – but sent her home. Her baby died in the womb afterwards. These are real experiences of families failed by the Trust, and examples of real experiences where we might be able to bring a negligence claim forwards.

Other maternity negligence claims we support

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Securing interim payments to ensure early access to support

What compensation can help with

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Securing the support your family needs to move forward.

For families who have lost a baby, or whose child has been left with a serious injury, the impact can be significant and long-lasting. Compensation can help cover the costs of specialist care and therapies that make a real difference to everyday life. It can also help address lost earnings if a parent has had to give up or reduce work.

A successful claim may help fund:

Specialist medical treatment and ongoing care needs
Rehabilitation and physiotherapy
Psychological support and counselling for parents and family members
Specialist equipment and home adaptations
Loss of earnings, both current and future
Costs of caring for a child with a serious injury or disability
Funeral costs and bereavement support where a baby or parent has died
Travel and transport costs related to treatment and recovery
Birth Injury Claims
Maternity Negligence Claims
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Understanding the potential value

This is a live Group Action, and we are dealing with each case with sensitivity. But it is important to note that the value of each claim depends on the nature and severity of the harm suffered. Our experts were able to secure £3,800 in compensation, for a mother who suffered maternity negligence at a different hospital.

This resulted in physical and emotional harm to the mother during a traumatic birth. Thankfully, her baby was not physically harmed in this case. When considering compensation value, we also consider the long-term impact, and the level of care and support needed going forward.

Cases involving serious birth injuries – such as hypoxic ischaemic encephalopathy (HIE), cerebral palsy, or the death of a baby or mother – can result in substantial settlements, sometimes running to seven figures.

Understanding interim payments

We understand that families dealing with a serious birth injury can feel financial pressures – whether that is the cost of specialist equipment, therapy, or the loss of a parent’s income.

Where possible, we’ll seek interim payments on your behalf during the claims process, before a final settlement is reached. This means your family can access vital support and care earlier, without having to wait until the end of your case.

Where interim payments are not possible, our team will work with you to build a final settlement that reflects the severity and nature of the harm you have suffered.

Specialist NHS maternity negligence solicitors

Our team specialises in complex birth injury and maternity negligence claims.

Why choose Fletchers for your East Kent maternity negligence claim?

At Fletchers, our solicitors specialise in birth injury and maternity claims, with the experience, clinical insight and genuine care to support your family through every stage of the process. Maternity negligence claims often require a deep understanding of the systemic failings currently being reported at various NHS Trusts. This can make cases complex and emotionally challenging, and it is important to have a team around you who is experienced in this type of work. Working with the right legal team can make all the difference to your case.

Expertise you can rely on

Specialist birth injury and maternity negligence solicitors, with extensive experience in complex NHS trust claims
Recognised as leading clinical negligence and personal injury specialists in the UK
Experience handling large-scale, high-value cases involving serious injury, brain injury, and the death of mothers and babies
Access to independent medical experts to fully investigate what went wrong and who is responsible
Sensitive, client-first approach – we take the time to listen and understand what your family has been through
Nationwide representation, so we can support your family wherever you’re in England and Wales
No win, no fee, so you can pursue your claim without financial risk

You're not alone

We understand what you and your family are going through.

We have supported many families in the position you find yourself in right now. We understand that you are likely to be feeling a heavy emotional load at the moment. You might be grieving the loss of your baby, or you may be trying to adjust to life after a traumatic birth or post-natal period, that should have been different – had the right care and treatment been provided to you.

Experiencing harm during what should have been one of the most important moments of your life is devastating. For families affected by failings at East Kent Hospitals, that devastation has often been made worse by feeling unheard by the very people who should have been listening. Whether you lost a baby, your child was left with a serious injury, or you suffered harm yourself, the impact on your family can be long-lasting.

Many of the families we support tell us they a long time trying to get answers before turning to us. Others felt guilty for questioning the care they received, or worried they wouldn’t be believed. We want you to know that seeking answers and accountability is not about blame for its own sake. It is about understanding what happened, making sure it is acknowledged, and securing the support your family needs to move forward.

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Rehabilitation support

We go beyond legal advice to support you, not just your case, making sure the right care and practical help are in place throughout the compensation claim process.

A message from our Rehabilitation and Wellbeing Team

We work alongside Fletchers Solicitors’ legal experts – listening carefully to your needs, helping you understand what support is available and creating a personalised recovery plan.

Led by rehabilitation manager Julie Chorlton, we bring together expertise across healthcare, therapy and welfare support, and can help arrange access to treatment and financial support. We also work with accredited mental health professionals, giving you and your family access to counselling quickly.

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FAQs about East Kent maternity negligence claims

How long do I have to make a claim against East Kent Hospitals?

In most maternity negligence cases, you’ve three years from the date of the negligence, or from the date you became aware that negligence may have caused the harm, to start a claim.

However, there are important exceptions. If your child suffered a birth injury, the three-year time limit does not begin until they turn 18, meaning a claim can be brought on their behalf at any point during their childhood. If you’re making a claim following the death of a baby or a parent, different time limits may apply.

We would always encourage you to speak to us as early as possible, so that evidence can be preserved and your options remain open.

What evidence will be needed to support my claim?

Every case is different, but in most maternity negligence claims we’ll need to review your medical records, the records of your baby, and any documentation relating to your care at the trust.

We’ll then instruct independent medical experts to assess what happened, whether the care fell below the required standard, and whether that failure caused the harm you or your baby suffered. You do not need to gather this evidence yourself – we’ll do that work on your behalf.

What support will I receive during my claim?

From the moment you contact us, our focus is on making the process feel as clear and manageable as possible. We’ll provide a free initial assessment, explain your options honestly, and – if you decide to proceed – handle every aspect of the legal process on your behalf.

We’ll keep you updated at every stage and make sure you always know what is happening and what comes next. Where interim payments can be secured to help with immediate costs, we’ll pursue those as early as possible.

Can I claim if my baby died as a result of maternity negligence?

Yes. If your baby died as a result of failings in maternity or neonatal care, you may be able to bring a claim on behalf of your family.

We handle these cases with the greatest sensitivity, and we understand that for many families, finding out what happened and securing accountability matters as much as any financial outcome.

We’ll guide you through the process with care and respect, at a pace that works for you.

Can I claim if I raised concerns at the time and they were not listened to?

Yes. The 2022 independent investigation into East Kent maternity services specifically identified repeated failures to listen to women who raised concerns as a significant contributing factor in the harm that occurred.

If you raised concerns that were dismissed or ignored, and you or your baby subsequently suffered harm, this is an important part of your claim. We’ll take your account seriously and make sure it is reflected in the evidence we gather.

How long will my claim take?

The length of a maternity negligence claim depends on the complexity of the case and the severity of the injuries involved. Straightforward cases can sometimes be resolved within one to two years, but more complex cases – particularly those involving serious birth injuries with long-term care needs – can take longer.

We’ll always aim to resolve your case as efficiently as possible, while making sure the settlement fully reflects everything your family has been through. We’ll keep you informed throughout and make sure you understand the likely timescales from the outset.

How much will it cost to make a claim?

We handle maternity negligence claims on a No Win No Fee basis. This means there is no financial risk to you – if your claim is unsuccessful, you will not pay our fees.

If your claim succeeds, our fees are agreed in advance and subject to a cap, so you will know exactly what to expect. We’ll explain the funding arrangements clearly before you commit to anything.