The National Audit Office’s (NAO) Costs of Clinical Negligence report (October 2025) shows that while maternity cases represent fewer than one in ten claims, they account for more than 60% of the total value.
The NAO found that the average settlement in childbirth injury cases reached £11.2 million in 2024–25, covering 24-hour care, adapted housing, therapies and future loss of earnings.
The report also highlighted the imbalance in costs: very high-value claims (over £1m) make up just 2% of cases but account for 68% of the overall liability, with obstetrics dominating that group.
The concentration of liability in childbirth cases has coincided with a series of high-profile inquiries into maternity care at trusts including Shrewsbury and Telford, Nottingham and East Kent. These investigations uncovered systemic failings in the standard of care provided to mothers and babies. (The NAO warned that the current approach to handling clinical negligence is unlikely to be sustainable in the long term, with liabilities now at £60bn).
Clinical Negligence Liabilites
Looking Ahead
The annual bill for negligence is projected to rise from £3.1 billion in 2024–25 to £4.1 billion by 2029–30.
At the same time, the number of cases settled has more than doubled over the last two decades, from 5,625 in 2006–07 to 13,329 in 2024–25.
Time Lag In Settlements
The NAO also pointed out the lengthy delays in resolving clinical negligence cases. In maternity claims, the average time from incident to settlement is around 11 years. This reflects the need to understand the child’s long-term care and support needs before damages can be finalised. While essential for ensuring fairness in awards, the delay adds to the strain on families and prolongs the financial risk carried by the NHS.
Other Key Findings from the NAO Report
The data also shows that the picture varies across specialties.
- Settlements have fallen in 11 specialties but risen in six others, with mental health (+73%) and radiology (+30%) showing the steepest rises.
- The use of periodical payments has declined since 2015, meaning more cases now settle in large lump sums
- In claims under £50,000, claimant legal costs averaged four times the damages awarded, raising questions about proportionality.
The full report is availble here.
Comment from UKExpertMedical
At UKExpertMedical, we understand both the complexity and sensitivity of childbirth injury cases. Our role is to support solicitors and those making claims with timely access to trusted experts, ensuring evidence is reliable, credible and court ready.
