LEGAL GUIDE · ENGLAND & WALES
NHS CRISIS REPORT - APRIL 2026
April 23, 2026
The NHS faces a staggering £60 billion in outstanding medical negligence liabilities — and the single biggest driver is maternity care. Birth injury claims involving brain damage, cerebral palsy, and oxygen deprivation now cost more than four times any other category of clinical negligence claim.
If your baby or child has suffered a birth injury, or if you experienced serious harm during pregnancy or labour, you may be entitled to significant compensation. This guide explains the scale of the crisis, what it means for families, and how to take the first step towards making a claim.
£60bn
NHS Negligence
Liabilities (2025)
£1.6bn
Birth injury payouts
in 2024–25 alone
£11.2m
Average obstetrics
settlement
6,413
Claims vs NHS trusts
in 5 years
£2.2bn
Total compensation paid
2020–2025
In June 2025, Health Secretary Wes Streeting ordered a national investigation into NHS maternity services, placing14 trusts under formal scrutiny. Is yours one of them?
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The Scale of the Crisis: Key Statistics at a Glance
£60 billion — Total NHS medical negligence liabilities (March 2025)
£3.6 billion — Annual cost of settling clinical negligence claims (2024–25)
1,016 cases — Birth injury claims settled in 2024–25 (obstetrics)
£1.6 billion — Cost of those obstetric cases alone
£11.2 million — Average settlement per maternity claim
£2.2 billion — Total birth injury compensation paid (2020–2025)
6,413 — Total claims brought against NHS trusts (2020–2025)
£538 million — Legal costs paid by NHS to successful claimants (2024–25)
£27.4 billion — Maternity negligence costs in England since 2019
Source: National Audit Office (NAO), NHS Resolution, Parliament Public Accounts Committee (2025–2026)
Why Is NHS Maternity Negligence at Crisis Point?
The National Audit Office published its landmark report in October 2025 confirming that the NHS’s total clinical negligence liability has hit £60 billion — up from £14.4 billion in 2006–07, a near-fourfold increase in under two decades. Parliament’s Public Accounts Committee described the figure as “astounding”, ranking it as the second largest liability across the entire UK government, surpassed only by public sector pensions.
The most significant contributor is brain injury sustained during birth. Despite representing just 2% of all claims by volume, these very-high-value cases account for 68% of total compensation costs. Cases involving babies left with cerebral palsy or other permanent brain damage following oxygen deprivation cost an average of £11.2 million each to settle.
In June 2025, Health Secretary Wes Streeting ordered a national investigation into NHS maternity services and placed 14 trusts under formal scrutiny. The ongoing crisis reflects systemic failings: inadequate staffing, poor risk monitoring during labour, delayed responses to foetal distress, and an absence of joined-up learning across trusts.
Forecasts: Things May Get Worse Before They Get Better
Parliamentary analysis projects that annual NHS negligence payments will exceed £4 billion by 2029–30 if the current trajectory continues. Families affected today should not wait — limitation periods apply to birth injury claims, and acting promptly protects your legal rights.
“This is the second largest liability across government and forecasts predict that these costs could continue to grow substantially.”
Geoffrey Clifton-Brown MP, Chair — Public Accounts Committee
Sources: National Audit Office (October 2025); Parliament Public Accounts Committee (January 2026); NHS Resolution 2024–25 Annual Report; Medical Negligence Assist (November 2025).
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Common Birth Injuries Caused by Medical Negligence
A birth injury claim arises when a healthcare professional fails to meet the standard of care expected during pregnancy, labour, delivery, or the immediate postnatal period, and that failure causes harm to the baby, the mother, or both. The following are among the most common grounds for a claim.
Cerebral Palsy
Permanent movement disorder caused by brain injury during birth, often linked to delayed emergency intervention or oxygen deprivation.
HIE (Hypoxic-Ischaemic Encephalopathy)
Brain damage caused by insufficient oxygen supply to the baby's brain during labour or delivery.
Erb's Palsy
Brachial plexus nerve damage affecting the shoulder, arm, and hand — often caused by excessive force or poor technique during a difficult delivery.
Stillbirth & Neonatal Death
Where warning signs were missed, monitoring was inadequate, or emergency procedures were not carried out in time.
Maternal Injuries
Including uterine rupture, severe perineal tears, and injuries from incorrectly applied forceps or ventouse instruments.
Delayed or Missed Diagnosis
Failure to detect foetal distress, pre-eclampsia, or other complications during pregnancy that leads to avoidable harm.
Every day in the United Kingdom, approximately 13 babies die before, during, or shortly after birth. While not all of these tragedies are attributable to negligence, a significant proportion involve care that fell below the standard families had a right to expect.
How Birth Injury Compensation Claims Work
To bring a successful birth injury claim, your solicitor must establish two things: that the medical professional or NHS trust owed you or your baby a duty of care, and that they breached that duty in a way that caused the injury or harm suffered.
Who Can Make a Claim?
Both mothers and children may be entitled to compensation. Parents or legal guardians can pursue a claim on behalf of a child who has suffered harm due to medical negligence. In England and Wales, a child’s claim can be brought at any time before their 21st birthday, though early action is strongly advised to preserve medical records and evidence.
What Compensation Can Cover
Birth injury compensation is not simply a financial remedy. For many families it is the only way to fund the specialist care, rehabilitation, and adaptations that a seriously injured child will require for the rest of their life. A successful claim can cover:
- Past and future medical treatment, therapies, and rehabilitation
- Specialist equipment — wheelchairs, communication aids, home adaptations
- Care costs, including professional and family carer support
- Loss of earnings — both the parent’s and the child’s projected future income
- Pain, suffering, and loss of amenity
- Psychological impact on the family unit
- Transport, housing modifications, and educational support needs
No Win, No Fee — Making Justice Accessible
At NJS Law, we understand that families dealing with a birth injury are already under enormous emotional and financial strain. That is why our specialist birth injury and pregnancy negligence solicitors work on a No Win, No Fee basis — meaning you face no upfront costs and pay nothing if your claim is unsuccessful.
Speak to a specialist solicitor today
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How to Make a Birth Injury Claim: Step by Step
Our specialist solicitors guide you through every step of the process. Here is what to expect when you contact NJS Law.
1. Free initial consultation
We listen to your story and assess whether you have a viable claim — at no cost and with no obligation.
2. Medical records review
We obtain and analyse all relevant clinical records, including antenatal notes, labour records, and neonatal documentation.
3. Independent expert evidence
We instruct specialist medical experts — obstetricians, neonatologists, neurologists — to establish whether the standard of care was breached.
4. Letter of claim & negotiation
We present your case formally to NHS Resolution. The majority of claims settle without going to court.
5. Settlement or trial
We secure the maximum compensation available. Where NHS Resolution does not settle fairly, we take your case to trial.
Why Choose NJS Law for Your Birth Injury Claim?
NJS Law is an authorised and regulated law firm with decades of experience in high-value obstetrics and clinical negligence claims. Our team includes specialist solicitors who have successfully concluded complex cases involving cerebral palsy, brain damage, and stillbirth claims against NHS trusts across England and Wales.
- Specialist birth injury and medical negligence solicitors
- No Win, No Fee — zero financial risk to you
- Experienced in high-value obstetrics and maternity negligence cases
- Compassionate, family-focused service from start to finish
- Authorised and regulated by the Solicitors Regulation Authority (SRA)
Frequently Asked Questions
These are the questions we hear most often from families considering a birth injury claim.
How long do I have to make a birth injury claim?
In most cases, adults have three years from the date of the negligent act, or from when they became aware that harm was caused by negligence. For children, the three-year limitation period does not begin until their 18th birthday — meaning they have until their 21st birthday. However, we strongly advise seeking legal advice as soon as possible. Medical records can be difficult to obtain after several years, and evidence is always stronger when gathered promptly.
How much compensation could I receive for a birth injury?
This varies considerably depending on the severity of the injury, the child’s ongoing care needs, and the financial impact on the family. NHS Resolution data shows that obstetric brain injury cases average £11.2 million to settle. Less severe but still life-altering injuries attract lower but often still very significant awards. Your NJS Law solicitor will assess the full value of your claim at the outset, based on medical expert evidence and a detailed calculation of future needs.
Can I claim if my baby was injured at a specific NHS Trust?
Yes. Claims can be brought against any NHS trust regardless of location. In 2024–25 alone, NHS Resolution recorded 1,286 obstetrics claims. The Royal Free London NHS Foundation Trust, for instance, paid out over £104 million in birth injury compensation over the five-year period to 2025. Liability is assessed on the facts of each individual case, not on the trust’s overall record.
Can I claim if my baby has cerebral palsy?
Yes. Cerebral palsy caused by oxygen deprivation, delayed emergency caesarean section, or other avoidable failures during labour is one of the most commonly litigated birth injuries in England and Wales. These claims are complex and require specialist medical evidence, but NJS Law has specific experience in pursuing cerebral palsy and HIE claims successfully against NHS trusts.
What does No Win, No Fee mean for birth injury claims?
No Win, No Fee means you enter into a Conditional Fee Agreement with NJS Law. You face no upfront legal costs and, if your claim is unsuccessful, you pay nothing. If your claim succeeds, a success fee is payable from your compensation — but this is agreed in advance and capped. We will explain all costs clearly before you commit to anything.
Can I still claim if the injury happened years ago?
Possibly, yes. Limitation rules for birth injury claims are more flexible than in many other areas of law, particularly where the victim is a child. Do not assume it is too late without first taking advice. Contact NJS Law for a free, no-obligation assessment and we will advise you on whether a claim is still viable in your specific circumstances.
Can parents claim on behalf of their child?
Yes. Parents or legal guardians can bring a claim as ‘litigation friend’ on behalf of a child who lacks legal capacity to act for themselves. Both the child’s losses and the parents’ own losses — including carer costs and loss of earnings — can be pursued within the same claim.
Behind Every Statistic Is a Family. Yours Deserves Justice.
The NHS maternity crisis is not just a financial figure.
If you believe your child or a loved one has been harmed by substandard care during pregnancy,
labour, or the postnatal period, you have the right to seek answers — and compensation.
Contact NJS Law today for a free, confidential consultation with a specialist birth injury solicitor.
We work on a No Win, No Fee basis, so there is nothing to lose in making that first call.
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This article contains publicly available information from the National Audit Office, NHS Resolution, and Parliament’s Public Accounts Committee.
Content updated: April 2026
