Our Medical Negligence team breaks down everything you need to know about maternity failings, birth injury claims, and the legal options that may be available if you or your baby have suffered avoidable harm.
What are maternity failings?
Maternity failings can occur when the care provided during pregnancy, labour, birth or the postnatal period falls below an acceptable standard and causes avoidable harm.
These cases can involve failures to monitor mother or baby, delays in escalation, poor communication, missed warning signs or inadequate follow-up care.
- Maternity failings may affect mothers, babies and wider families.
- Common issues include poor communication, unsafe staffing, inadequate monitoring, delays in escalation and failures to act on clinical concerns.
- Legal advice may be needed where maternity care fell below an acceptable standard and caused injury, loss or bereavement.
In the news – September 2026
After the recent publication of the Thirlwall Inquiry, following the aftermath of the trial and convictions of nurse Lucy Letby – the government outlines new plans to strengthen safeguarding within the NHS including:
- Strengthening patient safety
- Neonatal ‘cot cams’
- Tougher accountability for NHS managers
- Chairing of Maternity and Neonatal Taskforce
Health and Social Care Secretary, Yvette Cooper, said:
“The suffering endured by these babies and their families is impossible to comprehend.
“On behalf of the government and the health service, I am profoundly sorry for the failures set out so clearly in this report.
“For the harm, distress and unthinkable loss for their families. For the failures by the NHS to keep babies safe.
“The safety and care for babies, the safeguarding of every patient, the respect for families – all these go right to the heart of our NHS values.
“The inquiry recognises that in many areas things have changed since these terrible events took place, including welcome improvements at the Countess in services for women and children.
“However, the inquiry is clear that new action is needed.
“I take these recommendations extremely seriously and the government will of course consider the entire report and set out a full response.
“Safeguarding is everyone’s business, and safeguarding must be everyone’s priority. Concerns must be heard and acted upon. Staff who speak up must be protected and taken seriously, and I expect every leader, every board across the NHS, every professional and manager, every member of staff to uphold their safeguarding responsibilities.”
Work has already started on various measures, including:
- CCTV in neonatal settings, as mentioned previously
- New insulin guidance on use and storage
- Barring scheme for senior leaders who fail responsibilities
- Further rollout of the National Bereavement Care Pathway
- Creation of a monitoring system for delivery of reforms and recommendations
This safeguarding initiative will be the centre of the upcoming Babies, Children and Young People’s Modern Service Framework, which will further underline the government’s commitment to improving safety. A future response to the Thirlwall Inquiry is expected in due course.
Do I have a claim for maternity failings?
You may have a claim for maternity failings if you meet one or more of the below criteria:
- Your baby suffered a birth injury, brain injury, hypoxic injury or stillbirth which may have been avoidable.
- You experienced avoidable maternal injury, trauma, infection, perineal tear, haemorrhage or complications following poor maternity care.
- There were delays in recognising or responding to foetal distress, reduced movements, abnormal CTG traces or other warning signs.
- You were not properly informed about risks, options or decisions during pregnancy, labour or postnatal care.
How do maternity failings happen?
- During Pregnancy or Labour
Maternity negligence may arise where warning signs are missed during pregnancy or labour.
This can include a failure to monitor mother or baby appropriately, delays in reviewing test results, delays in involving senior clinicians or failure to act on reduced foetal movements, abnormal scans or CTG concerns.
- Communication and Decision-Making
Some families affected by maternity failings report that their concerns were not listened to or that they were not given clear information about risks and treatment options.
Informed consent is an important part of maternity care, and a failure to explain options such as induction, caesarean section or escalation to specialist care may be relevant to a claim.
- Injury, Loss and Long-Term Impact
Where avoidable harm has occurred, the consequences can be life-changing. Compensation may help with care, rehabilitation, therapy, specialist equipment, loss of earnings, accommodation needs and the wider emotional and financial impact on the family.
What should I do if I have experienced a maternity failure?
- Write down a timeline of what happened during pregnancy, labour, birth and postnatal care.
- Keep copies of any letters, discharge summaries, investigation reports, complaint responses or medical records you already have.
- Consider making a formal complaint to the hospital if you have not already done so.
- Speak to our specialist Medical Negligence team as soon as possible, as strict time limits can apply to compensation claims.
How might Oakwood Solicitors be able to help?
- Investigating your circumstances
Oakwood Solicitors can obtain and review medical records, hospital investigation documents and independent expert evidence. We will then consider whether the care provided fell below a reasonable standard and whether it caused avoidable harm, thus meeting the legal test required to bring about a Medical Negligence claim.
If there are reasonable prospects of success, we can advise on bringing a Medical Negligence claim for compensation. This may include claims for pain and suffering, care needs, treatment costs, rehabilitation, loss of earnings and other financial losses.
These cases are often sensitive and complex. Our specialist team can guide you through each stage, explain the legal process in plain English, liaise with medical experts and support you while evidence is gathered.
Medical Negligence Team Case study – Assisting a family following avoidable maternity harm
A mother contacted our Medical Negligence team after concerns were raised about the care she received during labour. She had repeatedly reported reduced foetal movements and later experienced delays in escalation, when monitoring suggested that her baby may have been in distress.
Following birth, her baby required urgent treatment and was subsequently diagnosed with cerebral palsy requiring lifelong care and medical needs. The family were also left with unanswered questions about whether the outcome could have been avoided.
We reviewed the medical records, obtained independent expert evidence and considered whether earlier intervention should have taken place. Whilst the claim is ongoing it is highly probable that Oakwood Solicitors will secure a financial remedy for the family, ensuring that both them and their child’s medical, physical and psychological needs are met for the remainder of their life.
Frequently Asked Questions
- Can I make a birth injury claim?
You may be able to make a birth injury claim if negligent maternity care caused avoidable harm to you or your baby during pregnancy, labour, birth or postnatal care.
- What types of birth injury compensation claims can be made?
Claims may involve brain injuries, hypoxic injuries, cerebral palsy, stillbirth, neonatal death, maternal injury, delayed delivery, poor foetal monitoring or a failure to act on warning signs.
- How do I know if maternity negligence caused the injury?
Our specialist Medical Negligence team can review your medical records and obtain independent expert evidence. We will then assess whether the care fell below an acceptable standard and whether that caused avoidable harm.
- What happens during the birth injury claim process?
The process usually involves:
- Taking an initial statement
- Obtaining medical records
- Reviewing hospital investigation documents
- Instructing independent medical experts
- Considering whether the evidence supports a claim for compensation
- Will I need my maternity medical records?
Yes. Medical records are an important part of a birth injury claim, because they help show what happened during pregnancy, labour, delivery and postnatal care. But don’t worry – we will apply for all appropriate records on your behalf.
- Do I need an independent medical expert report?
In most maternity negligence claims, independent medical expert evidence is needed to assess whether the care was negligent and whether that negligence caused the injury or loss.
- How long does a birth injury compensation claim take?
The timescale can vary depending on the complexity of the case, the injuries involved, the expert evidence required, and whether the NHS Trust or healthcare provider admits responsibility.
- Can a birth injury claim settle without going to court?
Yes. Many Medical Negligence claims settle through negotiation before trial, although court proceedings may sometimes be needed to protect the claim or resolve disputed issues.
- How are birth injury claims funded?
If our specialist team considers your claim has prospects of being successful, you will be offered a no-win, no-fee agreement to pursue the matter further.
- What can birth injury compensation cover?
Birth injury compensation may include pain and suffering, care, rehabilitation, therapy, specialist equipment, adaptations, loss of earnings and future support needs.
- How long do I have to start a birth injury claim?
In many Medical Negligence cases, the usual time limit is three years, but different rules can apply for children and people who lack capacity, so it is important to seek advice as soon as possible.
Why should I choose Oakwood Solicitors to make my claim?
- Specialist experience in Medical Negligence and Birth Injury claims.
- Clear, compassionate advice for families affected by maternity failings.
- A practical focus on rehabilitation, care needs and securing the right outcome for you and your family.
Speak to our team today regarding your Maternity Negligence claim
If you would like advice regarding maternity failings or a potential birth injury compensation claim, our Medical Negligence specialists are here to help.
Further Reading
Mother Birthing Injuries – Oakwood Solicitors
Child Birthing Injuries – Oakwood Solicitors
WHAT TO DO NEXT
To make an enquiry about a birth injury or another Medical Negligence matter, get in touch with our expert team today for a no-obligation consultation.
Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
Carol Cook joined Oakwood Solicitors in May 2017 to lead the Medical Negligence Department.
Carol handles a wide range of clinical, cosmetic and dental negligence claims and has years of experi…
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