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.
Ockenden Review and Final Report
The Ockenden Review is central to understanding the scale of maternity failings at Nottingham University Hospitals NHS Trust and may provide important context for families considering maternity negligence or birth injury claims.
- The Ockenden Review is an independent investigation into maternity services at Nottingham University Hospitals NHS Trust, led by senior midwife Donna Ockenden, who previously chaired the independent review into maternity services at Shrewsbury and Telford Hospital NHS Trust.
- The review was established following concerns raised by hundreds of families about unsafe maternity care, avoidable baby deaths, stillbirths, neonatal deaths, maternal deaths, birth injuries and failures in clinical decision-making.
- It is examining the care provided at Nottingham City Hospital and Queen’s Medical Centre over a number of years, making it one of the largest maternity investigations in NHS history.
- The review is considering a wide range of issues, including failures to identify and respond to fetal distress, delays in emergency interventions, inadequate monitoring during labour, poor management of high-risk pregnancies and failures in postnatal care.
- Families involved in the review have reported concerns about poor communication, failures to listen to parents’ concerns, inadequate investigations following serious incidents and a lack of transparency when things went wrong.
- The review aims to establish the full extent of maternity care failings, identify recurring themes and systemic problems, and ensure that the experiences of affected families are properly recognised and understood.
- Donna Ockenden and her team have been gathering evidence from families, clinicians, independent experts and NHS organisations to assess whether opportunities to prevent harm were missed.
- The review is expected to examine issues relating to staffing levels, clinical leadership, organisational culture, training, governance arrangements and the effectiveness of patient safety systems within the Trust.
- The findings may provide important evidence regarding whether injuries, deaths or other adverse outcomes could have been avoided with appropriate care and treatment.
- While the review itself does not determine legal liability or award compensation, its findings may assist families seeking answers about what happened and may provide valuable context for maternity negligence claims, birth injury claims and cerebral palsy claims arising from allegedly substandard care.
- The review may also identify lessons for maternity services across England and contribute to wider NHS reforms designed to improve patient safety and reduce preventable harm.
- The Ockenden Review final report is due to be published on 24 June 2026 and is expected to include detailed findings, lessons learned, recommendations for service improvement and an assessment of the actions taken by Nottingham University Hospitals NHS Trust in response to concerns raised during the investigation.
Operation Perth Police Investigation
Operation Perth is the police investigation into whether serious maternity failings at Nottingham hospitals may amount to criminal offences, running alongside the Ockenden Review and wider clinical negligence concerns.
- Operation Perth is the large-scale investigation being conducted by Nottinghamshire Police into maternity deaths, serious injuries and birth injury concerns connected to care provided by Nottingham University Hospitals NHS Trust.
- The investigation was launched after concerns emerged about a significant number of adverse maternity outcomes and allegations that some incidents may have involved serious failings in patient care.
- Detectives are examining cases involving stillbirths, neonatal deaths, maternal deaths and serious injuries suffered by mothers and babies to determine whether any criminal offences may have been committed.
- The investigation covers maternity services at Nottingham City Hospital and Queen’s Medical Centre and is understood to involve the review of a substantial volume of medical records, clinical evidence and witness accounts.
- Nottinghamshire Police have stated that Operation Perth is one of the largest investigations of its kind undertaken within NHS maternity services.
- Detectives are working with specialist medical experts to assess whether the standard of care provided in individual cases may have fallen so far below acceptable standards that criminal liability could arise.
- The investigation is running independently of the Ockenden Review, although information obtained through the review process may assist police enquiries where appropriate.
- Nottinghamshire Police are considering whether offences such as corporate manslaughter, gross negligence manslaughter, misconduct by individuals and offences involving serious injury may have occurred.
- Families affected by maternity care failings may be contacted by investigators or invited to provide evidence about their experiences as part of the ongoing enquiry.
- The purpose of Operation Perth is to establish whether criminal wrongdoing occurred, identify any individuals or organisations that may bear responsibility and determine whether prosecutions should be pursued.
- The investigation is separate from any civil claim for compensation and does not determine whether a family is entitled to damages. However, developments in the criminal investigation may be relevant to families considering maternity negligence claims or seeking answers regarding the circumstances of a death or injury.
- Given the scale and complexity of the investigation, Operation Perth is expected to continue for a significant period while evidence is reviewed and decisions are made regarding any potential criminal proceedings.
Other National Maternity Investigations
Baroness Amos National Maternity and Neonatal Investigation
The Baroness Amos Investigation is a national review of maternity and neonatal services across England and may provide important context for families affected by maternity negligence, birth injuries and avoidable harm at NHS hospitals, including Nottingham University Hospitals NHS Trust.
- The National Maternity and Neonatal Investigation is an independent review led by Baroness Valerie Amos, commissioned by the Government to examine maternity and neonatal care across England.
- Baroness Amos was appointed in August 2025 to lead the investigation following widespread concerns about maternity safety, avoidable deaths and serious injuries involving mothers and babies in NHS maternity services.
- The investigation was established to provide answers for affected families, identify systemic failings and make recommendations aimed at improving maternity and neonatal care nationwide.
- Unlike the Ockenden Review, which focuses specifically on Nottingham University Hospitals NHS Trust, the Amos Investigation examines maternity and neonatal services across multiple NHS trusts and considers wider issues affecting maternity care throughout England.
- The investigation is reviewing evidence from thousands of families, healthcare professionals, patient groups and NHS organisations to understand why serious failings continue to occur despite numerous previous maternity reviews and recommendations.
- Areas being examined include patient safety, staffing levels, leadership, governance, accountability, workplace culture, racial inequalities in maternity care and the effectiveness of investigations following serious incidents.
- An interim report published in February 2026 identified concerns relating to staffing shortages, poor communication, failures to learn from mistakes, inadequate investigations into adverse outcomes and reports of racism and discrimination affecting some families’ experiences of maternity care.
- The investigation has highlighted concerns that many families felt ignored, dismissed or excluded from investigations after the death or injury of a baby, and that opportunities to learn lessons from previous incidents were often missed.
- Baroness Amos has stated that the evidence gathered by the investigation reveals deep and widespread concerns affecting maternity and neonatal services across England and has not ruled out recommending further measures to improve accountability.
- The investigation aims to produce a single set of national recommendations designed to improve patient safety, reduce inequalities in maternity care and help prevent avoidable harm to mothers and babies in the future.
- While the investigation does not determine legal liability or award compensation, its findings may provide important context for families considering maternity negligence claims, birth injury claims, stillbirth claims or claims arising from avoidable maternal or neonatal deaths.
- The final report is expected to set out detailed findings, recommendations and proposals for reform intended to improve maternity and neonatal services across England and strengthen accountability within the NHS.
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.
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.
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 avoidab…
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