NHS trusts with the highest number of Clinical Negligence Scheme for Trusts (CNST) Claims and Incidents received between the financial years 2014/15 and 2024/25, for patients that were under 18 years old at the time of the incident, where the Specialty is ‘Obstetrics’ and ‘Neonatology’ and the Injury at any level is ‘Brain Damage’
Negligence claims received and settled by the NHS
between 2014/15 and 2024/25 for brain damage, cerebral palsy and stillbirth during obstetric and neonatal care
To explore the extent of negligent brain injury during maternity care, we sent a Freedom of Information request to NHS Resolution to find out the number of claims received and settled by NHS trusts, across England between 2014/15 and 2024/25, regarding brain damage, cerebral palsy and stillbirth during obstetric and neonatal care.
Brain damage claims received
Over the past 10 years, a total of 1,460 claims have been received by the NHS regarding brain damage, during obstetric and neonatal care.
Nottingham University Hospitals NHS Trust received the highest number of claims over the past 10 years, standing at 40.
Brain damage claims settled
Of the £1,724,382,910 spent on brain damage claims, over £1.5 billion (£1,519,071,657) was spent on damages, with £149,601,779 spent on claimant costs and £55,709,474 spent on NHS legal fees to defend the 528 claims.
University Hospitals Sussex NHS Foundation Trust and Barts Health NHS Foundation Trust settled the highest number of brain damage claims, with damages, over the past 10 years, with 15 claims closed, respectively.
NHS trusts with the highest number of CNST Claims Closed (or settled with a periodical payment order) between financial years 2014/15 and 2024/25 with a damages payment, for patients that were under 18 years old at the time of the incident, where the Specialty is ‘Obstetrics’ and ‘Neonatology’ and the Injury at any level is ‘Brain Damage’
In terms of damages paid, these were the highest at Royal Free London NHS Foundation Trust, amounting to £61,550,452 across its 13 claims.
NHS trusts with the highest damages paid for CNST Claims Closed (or settled with a periodical payment order) between financial years 2014/15 and 2024/25 with a damages payment for patients that were under 18 years old at the time of the incident, where the Specialty is ‘Obstetrics’ and ‘Neonatology’ and the Injury at any level is ‘Brain Damage’
Cerebral palsy claims received
Over the past 10 years, a total of 875 claims have been received by the NHS regarding cerebral palsy, during obstetric and neonatal care.
Manchester University NHS Foundation Trust and Mid and South Essex NHS Foundation Trust received the highest number of claims standing at 21, respectively.
NHS trusts with the highest number of CNST Claims and Incidents received between financial years ‘2014/15’ and ‘2024/25’ for patients that were under 18 years old at the time of the incident where the Specialty is ‘Obstetrics’ and ‘Neonatology’ and the Injury at any level is ‘Cerebral-Palsy’
Cerebral palsy claims settled
Of the nearly £3 billion (£2,934,193,984) spent on 724 cerebral palsy claims, over £2.5 billion (£2,591,370,212) was spent on damages, with £245,728,254 spent on claimant costs and £97,095,418 spent on NHS legal fees to defend the claims.
Manchester University NHS Foundation Trust settled the highest number of brain damage claims, with damages, over the past 10 years, with 22 claims closed.
NHS trusts with the highest number of CNST Claims Closed (or settled with a periodical payment order) between financial years 2014/15 and 2024/25 with a damages payment for patients that were under 18 years old at the time of the incident, where the Specialty is ‘Obstetrics’ and ‘Neonatology’ and the Injury at any level is ‘Cerebral-Palsy’
In terms of damages paid, these were the highest at Barts Health NHS Trust, with a bill of £96,359,424 across its 21 claims.
NHS trusts with the highest damages paid for CNST Claims Closed (or settled with a periodical payment order) between financial years 2014/15 and 2024/25 with a damages payment for patients that were under 18 years old at the time of the incident, where the Specialty is ‘Obstetrics’ and ‘Neonatology’ and the Injury at any level is ‘Cerebral-Palsy’
Stillbirth claims received
A total of 1,441 claims were received by the NHS regarding negligent stillbirth in the past 10 years. Shrewsbury and Telford Hospital NHS Trust received the highest number of stillbirth claims at 43.
NHS trusts with the highest number of CNST Claims and Incidents received between financial years ‘2014/15’ and ‘2024/25’ where the Specialty is ‘Obstetrics’ and ‘Neonatology’ and the Injury at any level is ‘Stillborn’
Stillbirth claims settled
Nearly £105 million (£104,884,065) has been spent settling 970 stillbirth claims over the past 10 years.
Of this figure, £50,845,523 was spent on damages, with £46,573,512 spent on claimant costs and £7,465,029 spent on NHS legal costs to defend the claims.
Mid and South Essex NHS Foundation Trust settled the highest number of stillbirth claims, with damages, over the past 10 years, with 22 claims closed.
NHS trusts with the highest number of CNST Claims Closed between financial years 2014/15 and 2024/25 with a damages payment, where the Specialty is ‘Obstetrics’ and ‘Neonatology’ and the Injury at any level is ‘Stillborn’
NHS trusts with the highest damages paid for CNST Claims Closed between financial years 2014/15 and 2024/25 with a damages payment, where the Specialty is ‘Obstetrics’ and ‘Neonatology’ and the Injury at any level is ‘Stillborn’
Damages paid were the highest at Nottingham University Hospitals NHS Trust at over £3.5 million (£3,529,995), across its 19 claims.
Your legal rights if you have been affected by negligent maternity care
If you or your child has suffered a birth injury due to the negligence of a healthcare professional, you could be entitled to make a claim.
For children, the time limit to start a claim at court expires on their 21st birthday. For adults who do not have mental capacity, the usual three-year time limit may not apply and only becomes relevant if they regain capacity.