With many maternity care services across the country being classed as ‘failing’ in recent years, the number of claims related to birth injuries has skyrocketed.
Figures obtained by Medical Negligence Assist found that, since 2020, University Hospitals Dorset NHS Foundation Trust has had to pay out over £8m to patients who have lodged claims related to birth injuries.
NHS trusts have experienced record levels of legal claims made against them for maternity failings in recent years, after botched care has led to hundreds of babies and women dying or suffering life-altering conditions.
In June of this year, the health secretary, Wes Streeting, ordered a national investigation into “failing” services for women and babies, which classed as many as two-thirds of 131 NHS maternity units as “inadequate” or “requires improvement”.
Gareth Lloyd, a medical negligence solicitor for legal firm JF Law, said: “The NHS routinely pays out millions of pounds in compensation every year for entirely avoidable injuries suffered by both mother and baby as a result of substandard maternity care.
“If a baby is not delivered correctly, the nature of these injuries can often be life-changing, affecting not only the child but the entire family.”
From 2020 to 2025, 44 claims regarding birth injuries were lodged against University Hospitals Dorset NHS Foundation Trust, 14 of which were settled.
The highest number of claims made against the trust came in 2022/23 and 2023/24, with a total of 11 each.
There is a wide range of injuries that can result from births, such as bone fractures, especially of the collarbone, or brachial plexus injuries, which involve damage to nerves in the neck and shoulder.
Other common types of birth injuries caused by oxygen deprivation can directly affect the brain through conditions like cerebral palsy or hypoxic-ischemic encephalopathy.
Complications can arise from different factors like prolonged or difficult labour, fetal malposition, delivery trauma and maternal conditions such as diabetes or infection.
Medical Negligence Assist obtained figures on how much University Hospitals Dorset NHS Foundation Trust has paid out to birth injury claims since 2020.
Over the past five years, the trust has paid out a total of £8,640,201, with the highest amount being £8,475,036 in the 2020/21 financial year.
The Department of Health and Social Care said it had inherited “an unacceptable situation where too many families are suffering from botched care” and the NHS is “paying billions for its mistakes, rather than fixing them”.
According to figures gathered by NHS Resolution, 6,413 claims have been made against NHS trusts across the country since 2020 for obstetric negligence.
Of these claims, 2,955 were settled with trusts having to pay out a total of £2,242,073,583 in compensation to claimants who may have suffered a range of injuries.
There are many possible primary injuries associated with these claims, including cerebral palsy, psychological damage and fatalities.
However, the main injury noted in many claims made against the NHS was stillbirths, which were responsible for 272 claims over the past five years.
Speaking to Medical Negligence Assist, Gareth Lloyd said: “In recent years, there has been a litany of scandals involving poor maternity care across the country, and sadly, in my professional experience, I have seen too many cases where both baby and mother have suffered avoidable harm.”
“While pursuing a birth injury claim can be emotionally difficult, it’s important to hold healthcare providers accountable and ensure families receive the long-term support their child will need.”
Medical Negligence Assist offers support to patients who may have suffered harm as a result of substandard maternity care and can see if they have grounds to submit a claim.
They operate a 24-hour helpline, along with an online claim form, which can be accessed on their website.
