How Much Compensation For A Maternity Negligence Claim?

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:

A pregnant woman sat in hospital with a monitoring machine around her stomach.

Jump To A Section

  1. Can I Make A Maternity Negligence Claim?
  2. Compensation Amounts For Maternity Or Pregnancy Negligence
  3. Examples Of Negligent Pregnancy And Maternity Care
  4. The Consequences Of Negligent Maternity Care
  5. How Long Do I Have To Make A Maternity Negligence Claim?
  6. How Can I Prove Maternity Or Pregnancy Negligence?
  7. Why Should I Choose Your No Win No Fee Solicitors For My Maternity Negligence Claim?
  8. 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:

  1. You were owed a duty of care by medical professionals, such as midwives, obstetricians or GPs.
  2. This care was breached as it fell below the acceptable standard.
  3. 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.

Compensation Amounts For Maternity Or Pregnancy Negligence

The amount of compensation you could receive for a maternity negligence claim will depend on how severely the avoidable harm has affected you physically, emotionally and financially. These effects are divided into two heads of claim – general and special damages.

The first part of your compensation is known as general damages, which aim to compensate you for the physical and emotional effects you’ve suffered due to negligent maternity care.

Factors that can affect the value of general damages include:

  • The type and severity of the harm.
  • The level of pain and suffering experienced.
  • How long the symptoms lasted or are expected to last.
  • Any permanent or long-term health effects.
  • The psychological impact, including trauma or mental health conditions.
  • How your quality of life has been affected.

The value of general damages is usually assessed using the Judicial College Guidelines (JCG). This publication provides guideline compensation brackets for a range of injuries and illnesses.

Below are some example brackets from the latest JCG relating to types of harm that could potentially be suffered during pregnancy (only the top figure is not from the JCG). These figures are only guidelines, as the final compensation amount will be tailored to the unique circumstances of your maternity negligence claim.

HarmSeverity of harmGuideline compensation bracketsNotes
Multiple types of serious harm with special damagesSeriousUp to £1,000,000+An award that covers more than one type of serious harm with financial suffering, such as care costs.
Brain damageVery severe (a)£344,150 to £493,000Cases include 'locked-in' syndrome with a substantially limited life expectancy.
Moderate (c)(iii)£52,550 to £110,720Concentration and memory are affected, and the ability to work is limited.
KidneyPermanent and serious damage, or loss (a)£206,730 to £256,780To both kidneys.
Loss of one kidney (c)£37,550 to £54,760Where the other kidney is not damaged.
Female reproductive systemInfertility by injury (a)£140,210 to £207,260With severe depression, sexual dysfunction, scarring, and pain.
Permanent sexual dysfunction (b)£52,490 to £124,620With medical complications, such as the need for multiple surgeries for someone with children or someone who never would of had children anyway.
Infertility with no aggravating features (c)£68,440 to £87,070In a young person who doesn't have any children.
General psychiatric damageSevere (a)£66,920 to £141,240A very poor prognosis with marked problems in every aspect of the person's life, such as the ability to work.
Moderately severe (b)£23,270 to £66,920There is a more optimistic prognosis, but still significant problems in every aspect of the person's life.

To find out how much compensation you could be entitled to, contact our team for a free, personalised case assessment.

How Is Maternity Negligence Compensation Calculated?

Maternity negligence compensation is calculated by combining general damages (physical and psychological suffering) with special damages, which is the head of claim that covers the financial impact of the harm you have suffered. Special damages aim to restore your financial position as if the negligence had never occurred.

Examples of special damages include:

  • Costs of private therapy or counselling to cope with trauma or PTSD.
  • Expenses for corrective surgery or additional medical treatment.
  • Travel and parking costs for follow-up hospital appointments.
  • Domestic help or assistance with daily tasks during your recovery.
  • Prescription medication and rehabilitation services.
  • Costs of adapting your home or lifestyle due to long-term injuries.

Our medical negligence solicitors will help gather evidence of your financial losses, such as invoices, receipts, and bank statements, to ensure they are included in your claim.

Let us help you recover the maternity negligence compensation you deserve. Get in touch today.

A pregnant woman sat with a doctor at home. The doctor is holding a needle.

Examples Of Negligent Pregnancy And Maternity Care

 Below are some examples of how negligent maternity or pregnancy care could potentially occur:

  • A mother reported reduced foetal movements, but staff failed to carry out appropriate monitoring or scans. As a result, the baby was later diagnosed with brain damage due to prolonged oxygen deprivation in the womb – an outcome that may have been avoided with earlier intervention.
  • A midwife failed to identify signs of gestational diabetes during routine check-ups, despite the mother reporting excessive thirst and fatigue. The delayed diagnosis led to complications that could have been avoided with earlier dietary and medical intervention.
  • A GP misread the results of a blood test and failed to refer the mother for urgent care. As a result, a serious infection went untreated during pregnancy, causing long-term health issues and unnecessary pain.
  • A pregnant woman was prescribed a contraindicated medication, even though her medical history showed a clear allergy. This led to an adverse reaction requiring hospitalisation and caused emotional distress during a critical stage of the pregnancy.
  • Hospital staff failed to follow up on abnormal ultrasound findings, including a noted abnormality with the placenta. No further scans were arranged, and the mother experienced sudden and severe complications that could have been anticipated.
  • A mother was not advised about the risks of continuing a high-risk pregnancy despite having a history of complications. The lack of proper counselling and risk management led to a worsening of her condition, requiring emergency intervention later in the pregnancy.
  • There was a failure to detect and manage pre-eclampsia, despite consistently high blood pressure readings and protein in the mother’s urine. The delayed treatment of the condition caused the mother to suffer seizures and long-term health effects.

In each of these examples, a healthcare professional or team failed to meet the expected standard of care, resulting in serious consequences that could have been avoided with proper attention and timely action.

If you’ve experienced similar negligence during pregnancy or maternity care, speak with our team today to find out how our panel of medical negligence solicitors could help you claim compensation.

The Consequences Of Negligent Maternity Care

When maternity care during pregnancy falls below the expected standard, it can lead to serious and sometimes life-altering complications for the mother and baby. These consequences can arise from delayed diagnoses, incorrect treatments, or a failure to monitor known risks throughout the antenatal period.

Examples of complications that may result from negligent pregnancy care include:

  • Brain damage or cerebral palsy in the baby, caused by prolonged oxygen deprivation that could have been detected through proper monitoring
  • Pre-eclampsia (IUGR) in the baby, due to failure to identify issues with placental function or blood supply.
  • Worsening of gestational diabetes due to missed diagnosis or poor management.
  • Development of pre-eclampsia-related complications, including seizures or organ damage, due to lack of monitoring.
  • Severe infections caused by untreated urinary tract or other pregnancy-related conditions.
  • Psychological trauma or prenatal anxiety disorders due to poor communication or mismanagement of maternal health concerns.
  • Allergic reactions or medication side effects from being prescribed contraindicated drugs during pregnancy.
  • Undiagnosed placenta previa or other placental issues resulting in bleeding and complications later in the pregnancy.
  • Deep vein thrombosis (DVT) due to failure to assess and manage mobility or clotting risk factors.
  • Worsening of pre-existing conditions (e.g. anaemia, high blood pressure) due to inadequate monitoring and intervention.

 Speak with our team now to see whether you can begin a maternity negligence claim for your suffering.

How Long Do I Have To Make A Maternity Negligence Claim?

In most cases, you have 3 years to start a maternity negligence claim. This time limit is set out in the Limitation Act 1980 and usually runs from the date the maternity negligence occurred.

However, there are some exceptions to this rule where the claimant won’t be able to make a claim themselves:

  • If the injured person is under 18, the 3-year time limit doesn’t begin until their 18th birthday.
  • If the injured person lacks the mental capacity to make a claim, there is no time limit unless they later regain capacity, in which case the 3-year time limit will run from.

In fatal maternity negligence cases, the 3-year time limit generally starts from the date of death, or the date of knowledge (through a postmortem or inquest).

To learn more about time limits, please see our detailed guide on medical negligence claim time limits.

How Can I Prove Maternity Or Pregnancy Negligence?

To make a successful maternity negligence claim, you’ll need to provide strong evidence showing that the care you received fell below the expected standard and directly caused you avoidable harm. Our panel of solicitors can help gather and organise this evidence to build a compelling case on your behalf.

Examples of evidence that can help prove maternity or pregnancy negligence include:

  • Your full medical records, including antenatal appointment notes.
  • Hospital logs or birth reports showing timings and decisions made by medical staff during your care.
  • Independent medical assessments from experts who can assess whether your treatment met acceptable clinical standards.
  • Contact details from family members or others who observed the care you received. At a later stage in the maternity negligence claims process, they could provide a witness statement.
  • Photographs or physical evidence of your harm, such as physical complications.
  • Prescription records, if medication errors were made in administering drugs during pregnancy.
  • Correspondence with the healthcare provider, including formal complaints and their responses.

To start gathering the evidence you need, speak to us today for free advice and dedicated support. Our solicitors may also be able to help you collect evidence if your maternity negligence claim is eligible.

Why Should I Choose Your No Win No Fee Solicitors For My Maternity Negligence Claim?

Choosing the right legal support can make all the difference when pursuing a maternity negligence claim. Our maternity negligence solicitors offer No Win No Fee representation through Conditional Fee Agreements (CFAs). This type of agreement allows you to start your claim with:

  • No upfront solicitor fees to pay to begin your case.
  • No solicitor fees to pay if your claim does not succeed.
  • Only a small percentage of your compensation is for your solicitor to keep if your claim does succeed. This small percentage is legally capped, agreed in advance, and is known as the ”success fee”.

Additionally, you should choose our No Win No Fee solicitors to handle your maternity negligence claim because they:

  • Recovered over £80 million in compensation for claimants across the UK.
  • Have decades of combined legal experience in handling medical negligence claims.
  • Are solicitors with extensive training and knowledge in clinical negligence law.
  • Are experts in maternity negligence and pregnancy-related negligence cases.
  • Have successfully taken on claims from across the country.
  • Are known for delivering a high standard of customer care throughout the process.
  • Commit to helping you pursue the maternity negligence compensation you deserve.

Let us help you hold negligent medical professionals accountable. Contact our team today to begin your maternity negligence claim on a No Win No Fee basis. Our services are live 24/7 and completely free to use:

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Learn More

To explore more about maternity and medical negligence claims, please feel free to browse the resources below.

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