Obstetrics and maternity care represent one of the most significant and high-value areas of clinical negligence claims in England and Wales. Errors during pregnancy, labour, or the postnatal period can have life-changing – and sometimes devastating – consequences for mothers, babies, and their families. At Jefferies Law and Essex Personal Injury Lawyers, our specialist clinical negligence team supports families affected by substandard maternity care, helping them secure the compensation and answers they deserve.
Recent National Findings Highlight Systemic Issues
A major government-commissioned review chaired by Baroness Valerie Amos, published in June 2026, has described England’s maternity care system as “not fit for the now and not fit for the future.” The review identifies systemic failings, including a failure to consistently deliver safe, high-quality, and compassionate care. Key concerns include:
- Women and birthing people not being listened to.
- Embedded racism within the maternity and neonatal system.
- Inconsistent standards, poor accountability, and a culture that has not translated previous recommendations into sustained improvements.
Black women are almost three times more likely to die in the year after pregnancy than white women, with higher risks also for Asian mothers. Families have reported being dismissed, experiencing delays in care, or facing inadequate responses to their concerns. The review recommends appointing a dedicated Maternity and Neonatal Commissioner to drive oversight and accountability.
These national issues are reflected in rising claim numbers and costs. Obstetrics claims, particularly those involving cerebral palsy or brain damage, are among the most expensive, with average settlements around £11.2 million for high-value cases. Maternity-related claims continue to drive a significant portion of the NHS’s growing clinical negligence liabilities.
Southend University Hospital
The Care Quality Commission (CQC) assessed maternity services at Southend University Hospital (part of Mid and South Essex NHS Foundation Trust) in late 2024, publishing its “Safe” domain findings in January 2025. The service was rated as Requires Improvement overall in this area.
Positive aspects included:
- Women and birthing people generally feeling informed and involved in decisions.
- Good complaint handling and learning from incidents in many cases.
- Use of tools like the Maternity Early Warning Score (MEWS) and SBAR handovers.
However, the CQC highlighted concerns such as:
- Delays in medical reviews and triage due to insufficient medical cover.
- Lack of a dedicated midwife-staffed triage telephone line (with plans to implement one).
- Staffing pressures in areas like the fetal medicine unit.
- Variable compliance with some assessments (e.g., VTE risk).
These issues echo broader national challenges and underscore the importance of robust risk management in maternity services.
Common Obstetrics and Birth Injury Claims
Clinical negligence in obstetrics often arises from breaches of duty that cause avoidable harm. Examples we see include:
- Failure or delay in diagnosing complications (e.g., pre-eclampsia, gestational diabetes, or fetal distress).
- Errors in monitoring during labour, such as misinterpretation of CTG traces leading to delayed intervention.
- Surgical or delivery errors, including mismanaged instrumental deliveries, Caesarean sections, or perineal tears.
- Birth injuries to the baby, such as hypoxic ischaemic encephalopathy (HIE), cerebral palsy, brachial plexus injuries (e.g., Erb’s palsy), or fractures.
- Maternal injuries, including severe postpartum haemorrhage, infections, or psychological trauma from traumatic births.
- Inadequate postnatal care leading to complications for mother or baby.
In these cases, proving breach of duty and causation is key. Compensation can cover general damages for pain, suffering, and loss of amenity, as well as special damages for past and future losses including care, therapies, adaptations, and lost earnings.
How We Support Families
At Essex Personal Injury Lawyers (the dedicated personal injury and clinical negligence team at Jefferies Solicitors), we have extensive experience in complex birth injury and maternity claims. We work with leading medical experts to thoroughly investigate cases, establish liability, and secure maximum compensation.
We understand the profound emotional, physical, and financial impact these incidents have on families. Whether your child has suffered a lifelong condition or you have experienced serious maternal harm, we provide compassionate, expert guidance on a no-win, no-fee basis.
Early legal advice is crucial, as strict time limits apply (usually three years from the date of the incident or knowledge of the injury). For claims involving children, the limitation period is more flexible.
Contact Us Today
If you or a loved one has been affected by substandard maternity or obstetric care – whether at Southend University Hospital or elsewhere – our team is here to help. We act solely for claimants and are committed to holding healthcare providers to account to secure the support needed for you and your child’s recovery and future.
Contact Jefferies Law or Essex Personal Injury Lawyers for a free, confidential initial discussion. Call us on 01702 443472 or visit https://essexinjurylawyers.co.uk/contact.
For more information on maternity safety, you can refer to the CQC or APIL resources. Your concerns matter – let us help you seek justice and the compensation you deserve.