New analysis shows that compensation paid to families harmed by NHS maternity services now costs more than double what the NHS spends on maternity care each year. The figures highlight the growing financial and human cost of clinical negligence in maternity services across England.
According to the latest annual report from NHS Resolution – the body responsible for handling litigation on behalf of the Department of Health and Social Care – the total cost of clinical negligence-related harm in 2021-22 reached £13.6 billion.
Of this total:
By comparison, a board paper published in March confirmed that NHS England spends approximately £3 billion annually on maternity and neonatal services – less than half the cost of compensation arising from harm.
The cost of harm reflects the present value of claims expected or received during the financial year, including:
Many NHS maternity claims, particularly those involving birth injuries, cerebral palsy, or brain damage, can take years to resolve, significantly increasing long-term financial liabilities.
Independent research by the charity Baby Lifeline, analysed by the Times Health Commission, found that:
In total, NHS obstetrics-related liabilities reached £41.5 billion, with £36.8 billion linked to negligence causing cerebral palsy or brain damage.
James Titcombe, a bereaved father and campaigner with Baby Lifeline, said:
“We spend more on the cost of harm, when we could be spending more on prevention.”
He added that families affected by maternity negligence are not driven by financial gain:
“For the families affected, the last thing on their mind is litigation. They want the organisation to learn and they want to heal. They don’t want to be dragged through legal processes that re-traumatise them for years and years.”
An NHS spokesperson stated:
“Over the last decade, the NHS has made improvements to maternity services in England – with many fewer stillbirths and neonatal deaths – but we know further extensive action is needed to improve the experiences of women and their families across the country.”
Clinical negligence in maternity care can be life-changing and devastating for both parents and children.
While no compensation can undo the harm, making a medical negligence claim can:
Our NJS Law Medical Negligence Specialists are experienced in handling NHS maternity negligence claims, including cases involving:
We offer sympathetic, confidential support and will guide you through every step of the process.
Call: 01625 667 262
Email: medical@njslaw.co.uk
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