If you or a loved one suffered harm due to substandard maternity care, you may be entitled to make a maternal negligence claim in the UK. The NHS has just announced a major overhaul of clinical standards across every maternity service in England — a move triggered by rising pregnancy-related deaths and mounting evidence that better care could have saved lives.
If you or a loved one suffered harm due to substandard maternity care, you may be entitled to make a maternal negligence claim in the UK. The NHS has just announced a major overhaul of clinical standards across every maternity service in England — a move triggered by rising pregnancy-related deaths and mounting evidence that better care could have saved lives.
What Is the NHS Maternal Care Overhaul?
Every maternity service in England will now be required to meet new clinical standards set out by the NHS, with the goal of significantly reducing the number of women who die during or after pregnancy.
The latest MBRRACE-UK: Saving Lives, Improving Mothers’ Care 2025 report found that between 2021 and 2023, 611 women in the UK died during or within a year of pregnancy — a maternal mortality rate of 12.82 deaths per 100,000 births. NHS England Despite a national ambition to halve maternal deaths by 2025, this rate represents a 21% increase compared to 2009 to 2011.
Research shows that improvements in care may have made a difference to the outcome for almost half (45%) of women who died. NHS England That figure is deeply significant. It means that in a large proportion of cases, the deaths were potentially avoidable — and that substandard care played a role.
The new standards include early risk assessments for blood clots, specialist epilepsy care during pregnancy, routine mental health screening at antenatal appointments, and faster escalation for women experiencing haemorrhage after birth. NHS England Full rollout is expected by March 2027.
Why Are Maternal Deaths Rising?
Though maternal mortality in England is rare, the majority of all maternal deaths are caused by medical conditions that pre-date or develop during pregnancy — such as blood clots and strokes (17%) and cardiac disease (15%) — that can be missed or misattributed to pregnancy.
Between 2022 and 2024, maternal suicides remained the leading cause of maternal death occurring between six weeks and one year after the end of pregnancy, with deaths from psychiatric causes accounting for 33% of deaths in this period.
Kate Brintworth, Chief Midwifery Officer for England, acknowledged that symptoms of serious medical problems continue to be missed — especially for Black and Asian women. Furthermore, data shows that Black women are three times more likely to die during or after pregnancy UK Parliament than white women — a stark racial disparity that the new standards specifically aim to address.
Importantly, these are not new concerns. Research, inquiries, and parliamentary debates have all highlighted systemic failures in maternity care for years. However, for many families, the damage has already been done.
Am I Eligible to Make a Maternal Negligence Claim?
You may be eligible to claim compensation if you or a loved one experienced harm as a result of substandard maternity or obstetric care. Specifically, you may have grounds for a claim if:
- A blood clot, pre-eclampsia, or haemorrhage was not identified or treated promptly
- Mental health concerns during or after pregnancy were dismissed or missed entirely
- A misdiagnosis or delayed diagnosis caused injury or death during pregnancy
- Epilepsy or a pre-existing condition was not properly managed during pregnancy
- You experienced unnecessary injury during labour or delivery due to a clinical error
- A bereavement resulted from a failure of care that could reasonably have been avoided
- Your concerns were not taken seriously, particularly if you are from a Black or Asian background
You generally have three years from the date of the negligence — or from when you first became aware of it — to bring a claim. In cases involving a death, the three-year period typically runs from the date of death. Do not delay in seeking advice, as this window can close sooner than you expect.
What Compensation Could You Receive?
Compensation for maternal negligence claims varies depending on the severity of the harm caused. The following estimates are based on the Judicial College Guidelines and are provided as a general guide only. Your actual award will depend on the specific facts of your case.
| Situation | Compensation Range | Notes |
|---|---|---|
| Psychological injury (moderate) | £5,500 – £19,070 | Post-traumatic stress, postnatal depression following negligent care |
| Psychological injury (severe) | £54,830 – £102,890 | Permanent psychiatric harm, inability to work or maintain relationships |
| Brain injury (moderate) | £183,190 – £267,340 | Moderate cognitive and physical impairment |
| Brain injury (severe) | £282,010 – £403,990 | Total dependency; often applies where birth injury leaves lasting damage |
| Bereavement damages (statutory) | £15,120 | Fixed by law for eligible close relatives of the deceased |
| Fatal accident claim (dependency) | £100,000+ | Calculated on financial dependency, future earnings, and care costs |
These figures are based on the Judicial College Guidelines and are estimates only. Your actual award depends on the specific facts of your case.
How the Claims Process Works
- Contact National Claims — speak with our team and share what happened during your maternity care. We’ll listen carefully and assess whether you have a potential claim.
- Connect with an experienced solicitor — we’ll match you with a specialist medical negligence solicitor who understands obstetric and maternity cases.
- Your solicitor gathers evidence — this includes your full medical records, expert obstetric opinion, and any relevant reports from the NHS trust.
- A letter of claim is sent — your solicitor formally notifies the NHS trust of the claim and the basis for it.
- The trust investigates and responds — the defendant has a set period to respond, admit or deny liability.
- Negotiation or court proceedings — most cases settle without going to court. Your solicitor will negotiate the best possible outcome on your behalf.
- Compensation is awarded — once settled, you receive your compensation, less any agreed solicitor costs.
Why Choose National Claims?
- No upfront costs — our No Win No Fee structure means you pay nothing unless your claim is successful
- Access to specialist solicitors — we connect you with experienced medical negligence solicitors who handle maternity and obstetric cases every day
- Compassionate, expert support — we understand how traumatic these experiences can be and treat every case with the sensitivity it deserves
- Thousands of claimants helped — National Claims has experience handling complex, sensitive cases across the full spectrum of medical negligence
People Also Ask
Q1: Can I claim if my baby was injured during childbirth due to NHS negligence?
A: Yes. Birth injury claims are a recognised form of medical negligence. If your baby suffered a preventable injury during labour or delivery — such as cerebral palsy caused by oxygen deprivation — you may be able to claim on their behalf. Contact National Claims to find out more.
Q2: How long do I have to make a maternal negligence claim?
A: In most cases, you have three years from the date of the negligent act or from when you first became aware that negligence caused your injury. For children, the three-year period does not begin until their 18th birthday. Acting promptly is always advisable.
Q3: Will making a claim affect my NHS care?
A: No. Making a medical negligence claim does not affect your entitlement to NHS treatment. Your ongoing care is completely separate from any legal proceedings.
Q4: What if my loved one died as a result of poor maternity care?
A: Families of those who have died due to negligent maternity care may be able to bring a claim under the Fatal Accidents Act 1976. This can include bereavement damages and a claim for financial dependency. National Claims can guide you through the process.
Q5: Do I need proof that the NHS made a mistake?
A: Your solicitor will gather the evidence needed — including independent medical expert opinion — to establish whether the standard of care fell below what was expected. You do not need to have documented proof yourself before making an enquiry.
Start Your Maternal Negligence Claim Today
Don’t wait while your claim window closes. Speak with National Claims today. We’ll connect you with experienced solicitors who understand your case and fight for the maximum compensation you deserve.
Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
About National Claims
This article was written by the National Claims content team. Our specialists have years of experience helping people across the UK with personal injury, road traffic accident, and housing disrepair claims. We work alongside regulated solicitors to ensure our information is accurate, up-to-date, and genuinely useful for anyone seeking to understand their rights after an accident.
