The NHS in England is facing a potential £27.4bn bill for maternity negligence, following a surge in legal claims after a series of hospital scandals. The figure, revealed by analysis of NHS data, far exceeds the health service's roughly £18bn budget for newborn care since 2019.
Legal actions for obstetrics errors hit a record of nearly 1,400 a year in 2023, double the number in 2007, according to figures obtained under the Freedom of Information Act. Hundreds of babies and women have died or suffered life-altering conditions due to substandard care, prompting a government inquiry.
Labour MP Paulette Hamilton, acting chair of the Commons health committee, described the figures as "absolutely shocking". Jeremy Hunt, former Conservative health secretary, said it was a "national shame" that the NHS spends more on maternity litigation than on running maternity services.
NHS Resolution reported that the cost of settling all outstanding maternity-related claims, including incidents not yet subject to legal action, stands at £37.5bn, nearly two-thirds of its total clinical negligence liabilities. The watchdog noted that compensation accounts for only part of the total, with significant legal costs adding to the burden.
Inspections of 131 NHS maternity units between 2022 and 2024 found two-thirds rated as "inadequate" or "requires improvement" for safety. The Care Quality Commission highlighted systemic staff shortages. Health Secretary Wes Streeting has ordered a national investigation into failing services.
