Trusts pay out more than £2.2 billion in birth injury claims

Highlighting the cost of Britain’s maternity crisis, NHS Trusts have paid out more than £2.2 billion in birth injury claims over the past five years. 

NHS trusts across England have paid out more than £2.2 billion in compensation for birth injury claims over the past five years, highlighting the ongoing crisis in maternity care services nationwide.

The scandal of maternity care has been covered in depth by Healthcare Today, but new figures from Medical Negligence Assist show that between 2020 and 2025, a total of 6,413 birth injury claims were brought against NHS trusts, with 2,955 cases settled.

The highest number of claims was reported in 2022/23, with 1,289 cases lodged.

Over the five-year period, compensation payments reached £2.2 billion, with the largest annual figure recorded in 2023/24, when payouts totalled £534 million. The Royal Free London NHS Foundation Trust recorded the highest compensation total of all NHS trusts, paying out £104.9 million. 

Common injuries include bone fractures (particularly of the collarbone), brachial plexus injuries affecting nerves in the neck and shoulder, and brain injuries linked to oxygen deprivation, such as cerebral palsy and hypoxic-ischemic encephalopathy (HIE).

“The scale of these payouts highlights the continuing challenges within maternity care and the devastating impact that avoidable errors can have on families,” said Tomlin & Partners’ Mathilda Blundell. “From a clinical negligence perspective, the focus must be on learning from these incidents and improving safety standards to prevent further harm.”

“Every year, the NHS pays out millions in compensation for entirely preventable injuries suffered by mothers and babies due to negligent care. These failings often have lifelong consequences, not only for the child but for the whole family,” said Gareth Lloyd, medical negligence solicitor at JF Law.

“It’s vital that lessons are learned from these tragedies, and that affected families understand their right to seek compensation for the harm caused by substandard maternity care.”