If your maternity care went wrong and caused you, or your baby, avoidable harm, you may be feeling overwhelmed, confused and unsure where to turn. Well you’re not alone, and help is available. This guide explains how to make a maternity negligence claim if poor care occurred during your pregnancy.
Important Points
- You may be eligible to claim compensation if negligent maternity care caused you avoidable harm.
- Compensation can cover your physical, emotional, and monetary suffering.
- You can make a maternity negligence claim against the NHS or a private healthcare provider if negligence occurred.
- Our solicitors can help you claim maternity negligence compensation on a No Win No Fee basis.
For free, confidential advice, contact our medical negligence team today:
- Fill out our ‘claim online‘ page.
- Call 03301230546.

Jump To A Section
- Can I Make A Maternity Negligence Claim?
- Compensation Amounts For Maternity Or Pregnancy Negligence
- Examples Of Negligent Pregnancy And Maternity Care
- The Consequences Of Negligent Maternity Care
- How Long Do I Have To Make A Maternity Negligence Claim?
- How Can I Prove Maternity Or Pregnancy Negligence?
- Why Should I Choose Your No Win No Fee Solicitors For My Maternity Negligence Claim?
- Learn More
Can I Make A Maternity Negligence Claim?
Yes, you may be able to make a maternity negligence claim if you suffered avoidable harm due to substandard care during pregnancy.
All healthcare professionals involved in maternity care are expected to meet the minimum standard of care. This means they must provide treatment that aligns with what would reasonably be expected of a competent professional in their field. This is their duty of care. If this standard is not met, and you suffer avoidable harm as a result, it may be considered medical negligence.
You could be eligible to make a maternity negligence claim if:
- You were owed a duty of care by medical professionals, such as midwives, obstetricians or GPs.
- This care was breached as it fell below the acceptable standard.
- You suffered avoidable harm as a direct result of this breach.
Maternity negligence can occur at any stage up until labour. If something went wrong that should have been prevented with proper care, you could have grounds for a claim.
Speak to our advisors today to find out if you’re eligible to make a maternity negligence claim.
Can I Claim For Maternity Negligence Against The NHS?
Yes, you can potentially claim for maternity negligence against the NHS if you suffered unnecessary harm due to substandard maternity care provided by NHS staff. NHS negligence claims are usually handled by NHS Resolution, the organisation responsible for managing clinical negligence claims on behalf of NHS trusts.
Compensation awarded in successful NHS maternity negligence cases is paid out by the relevant NHS Trust. This means you do not need to worry that your claim will take money away from patient care.
Our panel of maternity negligence solicitors are highly experienced in dealing with NHS claims. Contact us today for a free case review and find out how we can help you make a maternity negligence claim.
Can I Make A Maternity Negligence Claim For A Loved One?
Yes, you may be able to make a maternity negligence claim on behalf of a loved one in specific circumstances. If the person affected:
- Is under the age of 18, such as your baby.
- Has a condition that affects their mental capacity, such as a brain injury or psychiatric illness.
Then they are unable to make a maternity negligence claim themselves. In these cases, a responsible adult can be appointed to act as a litigation friend. This allows the litigation friend to make decisions in the claimant’s best interests and handle the claim on their behalf.
In some tragic cases, maternity negligence may result in the death of the mother or the baby. If this has happened to your partner or loved one, you may still be able to claim on their behalf. This is referred to as a wrongful death claim, and the same criteria for proving medical negligence will apply.
Under the Law Reform (Miscellaneous Provisions) Act 1934, the deceased’s estate can claim:
- For the pain and suffering the deceased experienced before death.
- Financial losses incurred before death.
- On behalf of the deceased’s dependents.
The estate is the only party that can begin a claim within the first 6 months following the death. After this period, if no claim has been brought on their behalf, certain qualifying relatives, known as dependents, may be eligible to make a separate claim under the Fatal Accidents Act 1976. This type of claim focuses on how the death has impacted the dependents of the deceased, including financial dependency and loss of companionship.
To learn more about claiming in fatal medical negligence cases, contact our team today for confidential support and expert advice.



