LEGAL GUIDE · ENGLAND & WALES
Molly Newbery
Today the findings of the largest maternity review in the history of the NHS were published, and they make for harrowing reading. The independent inquiry led by Donna Ockenden into maternity services at Nottingham University Hospitals NHS Trust examined around 2,500 cases and concluded that 520 mothers and babies suffered potentially avoidable harm, with 162 of them dying after experiencing substandard care. Of those deaths, 156 were children and six were mothers, and the review found they could have been avoided with better care.
These are not abstract statistics. Behind every one of those numbers is a family whose lives were changed forever — parents who went into hospital expecting the happiest moment of their lives and left carrying an unimaginable grief.
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What the report found
The review covered cases over a 13-year period, from January 2012 to May 2025, and involved more than 800 staff members. What emerges is not a story of isolated mistakes but of repeated, systemic failings.
This pattern is, sadly, not unique to Nottingham. In September 2025 the government announced a rapid national investigation into maternity and neonatal services across 14 NHS trusts, after earlier reviews exposed a recurring pattern across England — women’s voices being ignored, safety concerns overlooked, and poor leadership creating toxic cultures. Nottingham itself was no stranger to scrutiny before today: the Trust was fined £800,000 in January 2023 over failings in the death of baby Wynter Andrews.
Donna Ockenden, who also led the review into maternity failings at Shrewsbury and Telford, has committed to overseeing the Trust’s improvement programme for the next two years — a level of ongoing scrutiny she described as unique to this review and a reflection of the scale of what was uncovered.
Our view: this should never have been allowed to happen
Having spent my career representing families harmed by clinical negligence, what strikes me most about reports like this is how preventable so much of the harm appears to have been. When the same failings — ignored concerns, missed warning signs, a culture that discourages staff from speaking up — recur across different trusts and different decades, it stops being misfortune and starts being a failure of the system itself.
Maternity care occupies a uniquely vulnerable space. Expectant mothers place complete trust in the clinicians caring for them and their babies. When that trust is met with substandard care, the consequences can be catastrophic and lifelong: a baby left with a serious disability such as cerebral palsy, a birth injury that could have been avoided, or the loss of a mother or child.
It is right that the families who campaigned for years are finally being heard. But accountability cannot stop at an apology. Lessons must translate into lasting change, and families affected by negligent care are entitled to answers and, where appropriate, to compensation that helps them rebuild and meet the often substantial costs of lifelong care.
What counts as maternity or birth negligence?
Not every difficult birth or poor outcome amounts to negligence. In law, a clinical negligence claim generally requires showing that the care fell below a reasonable standard and that this failure caused avoidable harm. In a maternity context, the kinds of failings that may give rise to a claim can include:
- Failure to monitor the mother or baby properly during pregnancy or labour, including misreading or ignoring foetal heart-rate traces.
- Delays in acting on signs of foetal distress, or in proceeding to an emergency caesarean.
- Mismanagement of complications such as pre-eclampsia, gestational diabetes, or shoulder dystocia.
- Birth injuries arising from the negligent use of forceps or ventouse.
- Failure to diagnose or treat infections in the mother or newborn.
- Inadequate care leading to a baby suffering oxygen deprivation, which can result in conditions such as cerebral palsy.
Every case turns on its own facts, and establishing both substandard care and causation typically requires independent expert medical evidence.
How NJS Law can help
At NJS Law, our medical negligence team understands that for the families affected, this is never primarily about money — it is about answers, accountability, and ensuring that what happened to them does not happen to another family. Compensation, where a claim succeeds, exists to help meet the very real costs that follow: ongoing care and therapy, specialist equipment and accommodation, lost income, and support for the future.
We can help by:
- Reviewing your medical records and circumstances to assess whether you may have grounds for a claim.
- Instructing independent medical experts to investigate the standard of care you or your baby received.
- Guiding you through the process sensitively and at your pace, recognising how distressing these matters are.
- Pursuing your claim on a no win, no fee basis where appropriate, so that funding concerns need not stand in the way of seeking justice.
There are strict time limits for bringing clinical negligence claims. In many cases this is three years, though important exceptions apply — particularly where a child is involved or where someone lacks the capacity to manage their own affairs. Because the rules can be complex, we always recommend seeking advice as early as possible.
Talk to us in confidence
If you or your family have been affected by maternity care that you believe fell short — whether at Nottingham or anywhere in England and Wales — our specialist medical negligence solicitors are here to listen, without obligation and in complete confidence. You can contact NJS Law for a free, no-obligation discussion about your situation. We will explain your options clearly and honestly, and help you decide what is right for you and your family.
Frequently Asked Questions
What did the Ockenden report into Nottingham maternity services find?
The independent review led by Donna Ockenden examined around 2,500 cases at Nottingham University Hospitals NHS Trust and found that 520 mothers and babies suffered potentially avoidable harm. Of these, 162 died after experiencing substandard care, including 156 children and six mothers.
What counts as maternity or birth negligence?
A clinical negligence claim generally requires showing that the care fell below a reasonable standard and that this failure caused avoidable harm. In maternity care this can include failure to monitor mother or baby, delays in acting on foetal distress, mismanaged complications, birth injuries from forceps or ventouse, undiagnosed infections, or oxygen deprivation that may lead to conditions such as cerebral palsy. Every case turns on its own facts and requires independent expert medical evidence.
Is there a time limit for bringing a maternity negligence claim?
There are strict time limits for clinical negligence claims, typically three years. Important exceptions apply, particularly where a child is involved or where a person lacks the capacity to manage their own affairs. Because the rules are complex, it is best to seek legal advice as early as possible.
Can I make a maternity negligence claim on a no win, no fee basis?
In appropriate cases, NJS Law can pursue maternity and clinical negligence claims on a no win, no fee basis, so that funding concerns need not stand in the way of seeking answers and accountability. We will explain your funding options clearly at the outset.
How can NJS Law help if my family was affected by negligent maternity care?
NJS Law’s medical negligence team can review your medical records and circumstances, instruct independent medical experts to investigate the standard of care, guide you sensitively through the process, and pursue a claim on a no win, no fee basis where appropriate. Contact us for a free, confidential, no-obligation discussion.
This article is for general information only and does not constitute legal advice. No two cases are the same and outcomes cannot be guaranteed. For advice on your specific circumstances, please contact NJS Law directly.
NJS Law is regulated by the Solicitors Regulation Authority (SRA No. 8006550).
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