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Investigation Launched After Maternity Claims of £3.5 billion
Last Updated on May 5, 2026 by tanya
Investigation Launched After Maternity Claims of £3.5 billion
About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.
Written by Tanya Waterworth, Digital Content Writer
Birth Injury Compensation
An investigation launched after maternity claims of £3.5 billion, has been announced by Health and Social Care Secretary, Wes Streeting. This is to improve care and safety for mothers and babies after failings have resulted in claims. The rapid national investigation into NHS maternity and neonatal services is expected to look into the entire maternity system, as well as worst performing units.
The latest NHS Resolution report for 2024/25 indicated that £3.5 billion of notified claims by value related to maternity. A provision of £37.5 billion (62%) of the total clinical negligence provision (£60 billion) relates to maternity.
These figures highlight the cost of harm to mothers and babies within the maternity system, with Mr Streeting saying, “We must act – and we must act now”. This was after he had met with bereaved families who had lost babies or suffered serious harm.
If you or your baby has suffered from a birth injury caused by medical negligence, you may want to seek compensation.
What Is Medical Negligence?
Birth injuries can be life-changing for both the baby and parents. Medical negligence, also known as clinical negligence, occurs when a healthcare professional breaches their duty of care, resulting in harm. This could be through:
- Misdiagnosis or delayed diagnosis
- Incorrect treatment
- Failure to monitor or respond to signs of distress
- Surgical errors
- Inadequate aftercare
In the context of birth injuries, this could involve a failure to act during a complicated delivery, improper use of forceps or a vacuum extractor, not identifying foetal distress, or failing to perform an emergency C-section in time.
What Do You Need To Prove ?
- Duty of care existed between the medical provider and the patient (which is always the case in NHS or private healthcare settings).
- There was a breach of that duty—meaning the care fell below a reasonable standard.
- The breach directly caused injury or harm that would not have otherwise occurred.
Common Birth Injuries Caused by Medical Negligence
Birth injuries vary in severity and may affect the baby, the mother, or both. Some of the more serious and commonly litigated birth injuries include:
- Cerebral palsy due to oxygen deprivation (hypoxia)
- Erb’s palsy, often caused by shoulder dystocia mishandling
- Brain damage due to delayed delivery
- Spinal injuries
- Fractures during assisted delivery
- Severe perineal tears or internal injuries to the mother
Each of these can result in lifelong physical and emotional consequences. If they occurred due to errors in judgement or delayed intervention, it may be possible to make a claim.
How to Make a Medical Negligence Claim
Filing a birth injury claim can be daunting, especially during a stressful period of adjustment. However, with the right legal support, it can provide closure, accountability, and compensation for future care needs. Here’s how the process works:
- Seek Legal Advice Early
Consult with our specialist medical negligence solicitor as soon as you suspect there may have been medical negligence. They can evaluate your case, help access medical records, and arrange for independent medical assessments. They offer a free initial consultation.
- Funding the Claim
Most birth injury claims are funded through a Conditional Fee Agreement (CFA)—commonly known as ‘No Win, No Fee’. This means you won’t pay legal fees unless your claim succeeds.
- Establishing Liability and Causation
Your solicitor will gather evidence, including:
- Medical records
- Expert opinions from independent clinicians
- Witness statements
This is used to establish that the injury was caused by negligence, not by natural complications.
Settlement and Compensation
If your claim is successful, compensation may cover:
- Ongoing and future medical care
- Rehabilitation costs
- Loss of earnings
- Psychological trauma
- Special education and housing needs
Time Limits for Making a Claim
The general time limit for making a medical negligence claim is three years from the date of the injury or when you first became aware of it.
However, when it comes to birth injuries:
- If the child is injured, the three-year period starts on their 18th birthday, meaning they have until age 21 to make a claim.
- For claims on behalf of a mother, the three-year limit applies from the date of the injury.
- If the child has a mental disability, there may be no time limit.
It’s best to start as early as possible, as medical records and witness memories are more accurate closer to the event.
Get In Touch
If you believe a birth injury was caused by negligent medical care, don’t hesitate to seek advice . Clinical negligence claims can be complicated, so consulting with experienced lawyers in this field who can assess your case is your next step. To do this, contact First Personal Injury.
Our friendly team at First Personal Injury can guide you through the process to get the compensation you deserve. We work with experienced lawyers who work on a ‘No Win, No Fee’ basis. Call us at 0333 358 2345 or contact us online for a free consultation.
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.