The Supreme Court’s recent landmark judgment regarding Lost Years damages for child claimants has shone a further spotlight on maternity claims.

Robust investigation and learning from avoidable errors within maternity services is key to improving patient safety and reducing the volume of claims. 

Rebecca Beaumont, Director of Investigation Services at TMLEP, considers the judgment, the current landscape of maternity claims and investigations, and how independent bodies can assist. 

The Supreme Court judgment and its potential impact

The Supreme Court handed down its judgment in CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 on 18 February 2026. The claimant in the case had suffered a severe brain injury during birth in 2015 as a result of admitted clinical negligence on the part of the defendant. 

The question for the Supreme Court to answer was whether the claimant could claim for pecuniary (financial) losses during lost years – the additional years of life she would have worked and lived but for the clinical negligence and her injury. It had been agreed at the trial on the issue of damages by the parties that the claimant would have had a normal life expectancy and worked until the age of 68. 

The Supreme Court found by a majority of 4-1 that child claimants should be able to claim for lost earnings during lost years, overruling the Court of Appeal decision in Croke v Wiseman [1982] 1 WLR 71 and remitting CCC’s case back to the High Court for damages during the lost years to be assessed. 

The claimant’s case has “[put] right a historic injustice” as noted by the solicitors who represented her and her family by bringing the position for children into line with adults. It will also likely lead to significant increases to damages awarded in similar claims. This has significant implications for the NHS, whose maternity services continue to be under scrutiny.

NHS maternity claims and investigations – the current landscape 

£3.1 billion was paid out in 2024/25 for compensation by NHS Resolution. Of that, £1.3 billion related to maternity – 41.94% of the overall payments made. 

Given the ruling in CCC could further increase damages awards to claimants in maternity claims, it is imperative that the NHS ensure continued and robust learning from errors in maternity services. 

There are already investigative frameworks and improvement programmes in place with a view to improving maternity and neonatal safety, many having been introduced in the past decade. They include:

  • The Maternity and Neonatal Safety Improvement Programme, renamed following the launch of the NHS Patient Safety Strategy in 2019 – this programme covers all maternity and neonatal services in England and aims to improve by providing a high quality healthcare experience for all and contribute to the national ambitions to reduce maternal and neonatal deaths and preterm births.
  • The Maternity and Newborn Safety Investigations Programme – formerly part of the Healthcare Safety Investigation Branch and now hosted by the Care Quality Commission, NHS Trusts are required to tell the MNSI about certain patient safety incidents in maternity care so an independent investigation can be carried out.
  • NHS Resolution’s Early Notification Scheme – launched in 2017, the ENS investigates injuries which occur at birth to find out if they were caused by clinical negligence with a view to make prompt assessments of eligibility for compensation and reduce the overall effect of the cost to the NHS.

With the presence of multiple different schemes, programmes, and inquiries aimed at improvement, the value of independent clinical expertise and investigation cannot be underestimated.

How independent bodies can help

At TMLEP, we are frequently engaged to provide independent expert evidence and investigations into maternity services. We bring together expert clinical opinion and specialist investigators to provide unbiased insight. 

Our experts have an active clinical practice and bring their frontline knowledge to our reviews. Our specialist investigators draw together evidence across multiple patient care pathways and disparate providers to build a chronology, assess the clinical care, and identify harm caused. This then feeds into thematic analysis where we ensure defensible recommendations for improvement are made.

Independent bodies have a wealth of experience across claims, investigations, and the different programmes and frameworks for improvement. They are therefore poised to offer unique insight into not only the challenges faced in maternity services but also potential solutions. TMLEP play a key role in investigation and reporting on maternity services and ensuring that learning is shared and takes into consideration the wider context. Given the judgment in CCC has the potential to raise damages substantially, focus on collaborative and contextualised learning in maternity claims and investigations continues to be vital. 

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