When the joy of a new arrival is replaced with the shock of unexpected birth injuries due to poor maternity services, the emotional strain on mothers and families can be immeasurable. If the injuries were a result of clinical negligence, there could be a substantial compensation payout on the horizon.
In the conversations that follow, a common question is brought up: Why are the figures involved in maternity or pregnancy negligence claims so much higher than almost any other type of medical negligence claim?
Eye-catching headlines boast of settlements well into the millions. To those outside the legal and medical sectors, these figures can look astronomical. But at St Helens Law, our birth injury solicitors understand that these numbers aren’t just pulled out of a hat; they’re carefully calculated to ensure that a child whose life has been forever changed by a medical error is supported for the rest of their life.
It’s a difficult subject when emotions are running high. But if you’re concerned you and your child may have been the victim of negligence by medical professionals, we’re here for you. Keep reading to learn more about medical negligence compensation, or contact the experts at St Helens Law today.
The Staggering Reality of Maternity Negligence and Pregnancy Negligence Claims
According to recent NHS Resolution reports, obstetric (maternity) claims represent between 11 and 13% of all clinical negligence cases, which sounds relatively low. However, they consistently account for over 50% of the total value of all payouts.
In the 2024/25 financial year alone, the NHS paid out £3.1 billion in clinical negligence costs, with maternity-related claims accounting for £1.3 billion.
These figures highlight a serious issue: When mistakes happen during childbirth, they can have lifelong consequences for the child.
Why the Lifetime Cost is so High
One of the reasons birth negligence claims are worth more than other types of claims is simply time.
If a patient in their seventies or eighties suffers medical negligence, the compensation will be calculated to cover the rest of their life – but the rest of their life won’t be anywhere near as long as that of a newborn.
When these clinical negligence claims are calculated, the following needs to be considered:
24-Hour Care – For severe brain injuries, a child may need a minimum of two carers at all times. In 2026, the cost for high-level care can exceed £2000 per week, or over £100,000 every year. Over eighty years, for example, this accounts for multiple millions.
Specialised Housing – Your standard family home usually isn’t set up to meet the needs of a child with complex difficulties. Compensation needs to cover the cost of purchasing and/or adapting a home with alterations like wet rooms, wide doorways, hoists and dedicated therapy spaces.
Loss of Future Earnings – Unlike an adult who has been working for years, a newborn injured at birth will never have the opportunity to earn a living. The calculation would also need to cover what they would have earned over a 45-year career (based on national averages and family background).
The Impact of High-Value Injuries
Not all birth injury negligence claims lead to multi-million-pound payouts, though. The cases that pay the most almost always involve permanent neurological damage. Common ones include:
Cerebral Palsy: Often the result of oxygen deprivation (asphyxia) during labour. Medical staff can fail to notice whether the child is able to breathe properly whilst being delivered.
HIE (Hyponic-Ischaemic Encephalopathy): This is a specific type of brain injury caused by a lack of oxygen and blood flow, often leading to epilepsy, developmental delays, a lack of mental capacity and more.
Erb’s Palsy: These nerve damages caused by shoulder dystocia or excessive force can result in permanent arm paralysis, leading to lifelong independence issues.
How are Birth Injury Claims Calculated?
Calculating a claim is a rigorous process involving medical experts, architects, and forensic accountants. You can divide the payout into two “heads”:
- General Damages: For the physical pain, suffering, and general loss of ability to enjoy life.
- Special Damages: The lion’s share of the claim, covering all financial losses and care costs we mentioned above.
Every case is unique, but you can treat these figures as a general guide:
- Moderate Birth Injuries: £50,000 – £500,000 payout
- Severe Erb’s Palsy: £250,000 – £1,000,000 payout
- Severe Cerebral Palsy/ Brain Damage: £10 million – £25 million+ payout
Red Flags: Was Your Maternity Care Negligent?
Sadly, many families only realise something went wrong during the birthing process years later when more obvious symptoms appear. Looking back, they should consider the following:
Ignored Concerns – Did they tell staff something was wrong, only to be ignored?
Monitoring Failures – Were the child’s heart rate monitors showing signs of distress, and were these acted upon?
Delayed Intervention – Was an emergency C-section delayed?
Traumatic Delivery – Did excessive use or force during delivery lead to physical trauma?
Recent research into UK maternity scandals has shown that these are anything but isolated incidents. Often, they’re the result of understaffing or even a dangerous culture that prioritises a “natural birth” over clinical safety.
Explore Birth Injury Compensation Claims with St Helen’s Law
If you believe your child has suffered irreparable damage during the birthing process, you should explore a maternity negligence claim to give your child the financial backing they need heading into later life.
While most adults only have three years to claim, for birth injuries, the clock doesn’t start ticking until the child turns 18, giving you plenty of time to gain the justice you and your child deserve.
At St Helens Law, we are here to provide a compassionate, expert ear and to help you navigate the complexities of securing the future your child deserves. Our medical negligence solicitors will gather evidence, examine medical records, investigate your healthcare provider and create an ironclad case in your favour.
If you suspect your child’s injury could have been prevented, contact our specialist clinical negligence team today for a free, sensitive consultation.