NHS Faces Record Breaking £27 Billion Liability Over Maternity Failings in England

The National Health Service is confronting an unprecedented financial crisis, as liabilities for maternity errors in England have surged to an estimated £27.4 billion since 2019. The dramatic rise in costs is linked to a series of scandals and the growing number of legal claims from families impacted by the deaths or serious injuries of babies and mothers resulting from substandard care. Figures show legal actions have reached a record near 1,400 a year in 2023—doubling since 2007.

For context, the projected bill has now surpassed the NHS’s entire budget for newborn care over the same period by a significant margin. Analysis indicates that the potential compensation, combined with soaring legal fees, reflects systemic failures in multiple NHS hospital trusts. Data acquired through Freedom of Information requests reveals £134 million was paid to families of nearly 300 women and 400 babies who died in NHS settings from 2014 to 2023. Yet, the most substantial costs have been awarded in cases where clinical negligence caused disabilities that require lifetime care support—an enormous long-term burden.

Legal costs themselves continue to escalate, with £24.6 million spent within six years on cases that did not result in compensation. The latest report from NHS Resolution, responsible for settling negligence claims, lists total maternity-related liabilities at £37.5 billion, contributing nearly two-thirds to the NHS’s total £60 billion in clinical negligence commitments. Senior MPs now describe these figures as ‘jaw-dropping’ and demand urgent reform.

A number of high-profile cases have contributed to the spiralling costs. For example, Leeds Teaching Hospitals NHS Trust paid out nearly £72 million for 107 obstetric failings, including 13 fatalities and 14 stillbirths between 2015 and 2024. Nottingham University Hospitals NHS Trust was ordered to pay almost £60 million relating to 80 clinical damages claims over pregnancies, seven of which involved fatalities. Nottingham is now under criminal investigation following widespread evidence of harm to more than 2,000 babies and women.

Regulatory bodies have found the majority of maternity units require improvement or are categorised as unsafe, citing chronic staff shortages and inadequate safety processes as contributing factors. As many as two-thirds of 131 reviewed maternity units underperformed in inspections carried out from 2022 to 2024, highlighting that defective care is not limited to isolated cases but suggests sector-wide shortcomings.

Government and NHS leaders are under significant pressure to enact swift reforms. Labour MP Paulette Hamilton called the figures “absolutely shocking”, highlighting that the financial penalties do not compare to the trauma endured by families. Political leaders and medical commentators say the real tragedy lies in the preventable harm caused to mothers and babies. The Department of Health and NHS England have announced new oversight and a national inquiry into maternity care, aiming to address long-standing failings and restore public trust.