NHS Faces Increased Costs for Childbirth Negligence Settlements Following Landmark Supreme Court Ruling

The National Health Service (NHS) in the United Kingdom is preparing for an increase in spending on settlements for negligence during childbirth, following a landmark Supreme Court ruling issued on February 18, 2026. The ruling permits children who suffer catastrophic injuries at birth to claim damages for future lost earnings, even if their life expectancy is shortened. This decision overturns a legal precedent that had stood for over 40 years and is anticipated to significantly raise the cost of such cases for the NHS.

Escalating Financial Burden on the NHS

The financial implications of medical negligence claims, particularly those related to maternity care, are substantial for the NHS. The total liabilities for medical negligence across the NHS have reached an estimated £60 billion, with a considerable proportion directly linked to childbirth injuries. In the fiscal year 2024/25, £1.3 billion of the total clinical negligence payments made by NHS Resolution were attributed to maternity cases. This follows 2023/2024, where maternity incidents accounted for 41% of all clinical negligence payments by value.

The average cost to settle a childbirth injury case involving severe outcomes like cerebral palsy or brain damage exceeds £11 million. Analysis of NHS figures indicates that the potential bill for maternity negligence in England since 2019 has reached £27.4 billion, a figure that surpasses the approximately £18 billion budget allocated for newborns during the same period. The annual cost of settling clinical negligence claims has more than tripled over the past two decades, rising from £1.1 billion in 2006-07 to £3.6 billion in 2024-25, with forecasts suggesting a further increase to £4.1 billion by 2029-30.

The Impact of the Supreme Court Decision

The recent Supreme Court judgment stemmed from a case involving a girl, referred to as CCC, who sustained severe brain damage in Sheffield in 2015 due to oxygen deprivation during birth. The court ruled that compensation should account for the full working life she would have had if not for the injury, rather than being limited by her shortened life expectancy. Lawyers involved in the case stated that this ruling corrects a 'historic injustice' and will lead to higher compensation payouts in future childbirth negligence cases.

Addressing the Root Causes and Future Outlook

Common causes of birth injuries leading to negligence claims include:

• Failure to monitor fetal heart rate
• Delayed or improper use of forceps or vacuum extraction
• Failure to recognise signs of shoulder dystocia
• Failure to perform a timely C-section
• Inadequate post-delivery care

In response to these persistent issues and the rising costs, the NHS has implemented several initiatives aimed at improving maternity safety. The Maternity and Neonatal Safety Improvement Programme by NHS England seeks to reduce maternal and neonatal deaths, stillbirths, and brain injuries by 50% by 2025. Furthermore, a new Maternity Outcomes Signal System (MOSS) is being rolled out across England to rapidly identify emerging safety concerns. In June 2025, Health and Social Care Secretary Wes Streeting ordered a rapid national investigation into NHS maternity and neonatal services to drive urgent improvements. NHS Resolution also reported resolving 83% of clinical claims in 2024/25 without the need for legal proceedings, emphasizing a focus on collaborative resolution.