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Maternity Negligence Claims
Suing the NHS or private healthcare providers for negligent maternity and pregnancy care
Get in touch for a free, no-obligation chat with our specialist clinical negligence solicitors.

Contact us for a free, no-obligation chat.
Call us on 0333 987 4161 or submit a form below.
Maternity Negligence & Compensation Explained
Maternity negligence arises when the care provided during pregnancy, labour, birth, or the postnatal period falls below acceptable standards and causes avoidable harm to a mother or baby. Families place immense trust in maternity services at an exceptionally vulnerable time, and when that trust is breached, the consequences can be devastating.
Negligence may involve failures to monitor the mother or baby properly, delays in responding to warning signs, or inadequate care after birth. In turn, maternity negligence claims are not about blame for unavoidable complications, but rather about addressing situations where earlier action for safer clinical decisions should have been taken.
Common Examples of Maternity & Pregnancy Negligence
- Failure to recognise or act on reduced foetal movements
- Missed or delayed diagnosis of conditions such as pre-eclampsia, gestational diabetes, or infection
- Delays in escalating care or performing an emergency caesarean section
- Poor monitoring of foetal heart rate during labour
- Incorrect use of forceps or vacuum extraction
- Inadequate management of maternal bleeding, infection, or pain relief
- Failure to identify or treat neonatal distress, jaundice, or infection after birth
These failures can result in serious outcomes, including brain injury, cerebral palsy, stillbirth, maternal injury, psychological trauma, or long-term disability affecting both mother and child.
We will cover the costs unless we win your case.
No-win-no-fee
24/7 Support
Specialist negligence solicitors
No-win-no-fee
24/7 Support
Specialist negligence solicitors
Am I Eligible to Make a Claim?
To bring a successful claim, four key elements must usually be proven:
1
Duty of care
The healthcare provider had a legal responsibility to care for you.
2
Breach of duty
The care fell below acceptable medical standards.
3
Causation
The harm you suffered was a direct result of that substandard care.
4
Damage
You experienced physical, emotional, or financial harm as a consequence.
Is there a time limit?
You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.
Related Claims
Birth Injury Claims
Negligent Induced Labour
Gynaecological Claims
Hospital Neglect
Medical Errors
Your Questions Answered
Can I bring a claim even if my baby was not physically injured?
Yes. Maternity negligence claims are not limited to visible physical injuries to a baby. Claims may arise where negligent care caused psychological harm, unnecessary trauma, avoidable complications, or the loss of a pregnancy. This includes cases involving stillbirth, neonatal death, severe maternal injury, or long-term mental health consequences such as PTSD following poor maternity care.
Who can make a maternity or pregnancy negligence claim?
Claims can be brought by:
- A mother who suffered harm due to negligent pregnancy, birth, or postnatal care
- A child injured due to negligent maternity care (through a “litigation friend”)
- Parents bringing a claim following stillbirth or neonatal death
- A partner or family member (in limited circumstances where they have suffered a recognised psychiatric injury)
Each situation is assessed individually, depending on how the negligence affected those involved.
What evidence is needed to support a maternity negligence claim?
Evidence usually includes maternity records, monitoring charts, scan results, postnatal notes, and internal hospital documentation. Independent medical experts are instructed to review whether care met acceptable standards and whether different actions could have prevented harm.
Families are not expected to gather this evidence themselves – our solicitors obtain and analyse it as part of the investigation.
How is compensation calculated?
Compensation reflects both the injury itself and its wider, long-term impact. Awards typically include:
- General damages for pain, suffering, psychological trauma, and loss of quality of life
- Special damages for financial losses such as care costs, therapy, specialist equipment, accommodation needs, lost earnings, and future support
In cases involving children with lifelong needs, compensation is structured to provide security and ongoing care throughout adulthood.
Will I have to go to court?
Most maternity negligence claims are resolved without a court trial. However, court proceedings may be necessary where responsibility is denied or complex issues are disputed. If this happens, your legal team will guide you through each stage and support you throughout the process.
Additional Resources
Who do you want to file a claim against?
Suing the NHS for negligence
Suing the hospital for negligence
Suing my GP for negligence
Suing my dentist for negligence
What’s the reason for your claim?
Suing for malpractice
Suing for misdiagnosis
Suing for delayed diagnosis
Suing for surgical negligence