How Much Can I Claim for Maternity Negligence?
Why families ask about compensation for maternity negligence
When maternity care goes wrong, many families are left facing not only emotional distress but also practical and financial consequences. It’s natural to wonder whether you’re entitled to compensation and if so, how much.
But here’s the reality: maternity negligence claims are complex, deeply personal, and vary dramatically from one family to the next. The amount of compensation you might receive depends on the type of harm, long-term impact, and the specific circumstances of your care.
This guide explains what compensation for maternity negligence usually covers, what factors influence the amount, and why getting clarity about your care first is crucial before thinking about a claim.
(For background on medical negligence compensation, see the NHS Resolution guidelines.)
What counts as maternity negligence?
Before looking at figures, it’s important to understand what maternity negligence actually means. It isn’t simply a difficult birth or a frightening experience, although those experiences matter too. Maternity negligence occurs when care falls below a reasonable standard and that failure leads to harm.
This could involve:
delayed intervention during labour
missed signs of foetal distress
poor monitoring
medication errors
inadequate postnatal checks
failure to recognise or treat complications
You can read more on this in Eleanor’s article What Is Maternity Negligence? if you need a deeper explanation.
Can I claim compensation for maternity negligence?
You may be able to, but a claim is only suitable if:
your care fell below expected professional standards
that failure caused avoidable harm
the harm resulted in physical, psychological, or financial consequences
For many families, the challenge is understanding whether their care actually met or missed those standards. That’s why an independent review is so valuable before speaking to a solicitor.
How much compensation can you claim for maternity negligence?
There is no fixed amount, and no website or professional can give you an exact figure without assessing the specifics of your case. However, medical negligence compensation in the UK usually falls into two categories:
General damages
Compensation for the pain, suffering, and emotional distress caused by negligence.
Special damages
Compensation for financial loss, which may include:
loss of earnings
future care needs
adaptations to daily living
travel and treatment costs
long-term disability support
The total award depends entirely on the individual circumstances. Evidence, long-term impacts, and professional assessments all play a role.
(For context on how damages are calculated, see the Judicial College Guidelines widely used in UK legal cases.)
What influences the amount you may receive?
Several factors affect maternity negligence payouts, including:
Severity of the harm
A short-term injury will lead to different compensation than life-changing damage.
Impact on daily life
If the negligence affects ongoing health, mobility, or emotional wellbeing, compensation may reflect that.
Future needs
In cases involving long-term disability or increased care needs, compensation can be significantly higher.
Loss of income
If a mother’s ability to work is affected, this is often included.
Psychological impact
Birth trauma, PTSD, anxiety, and long-term emotional distress can all be considered.
Because of this complexity, the range of maternity negligence compensation can vary widely, from smaller awards for temporary injuries to significant awards for serious, long-term harm.
But before any solicitor can estimate a potential claim, they will need clear evidence about what happened.
Why you shouldn’t start with a solicitor straight away
Families often feel pressured to contact a solicitor immediately, especially after seeing online adverts. But legal firms typically need:
your maternity notes
a timeline of events
an understanding of the standards of care
early expert evidence
This can feel overwhelming, especially if you're still processing your experience emotionally.
That’s why having your notes professionally reviewed first can make everything much easier. With clear insight into what happened, you can approach a solicitor (if appropriate) with confidence and facts rather than fear.
How an independent maternity review helps you understand your options
Before you think about compensation, you need clarity, and that is exactly where Eleanor Healer’s Independent Maternity Care Review becomes invaluable.
Eleanor provides:
a detailed review of your pregnancy, labour, or postnatal notes
plain-English explanations of clinical decisions
insight into whether your care met professional standards
support in deciding whether a complaint or legal route is appropriate
a compassionate, objective report that can be shared with legal teams if needed
Families often say this is the first time they truly understood their birth experience.
If you’re asking questions like:
“Was my care good enough?”
“Could this have been prevented?”
“Do I have grounds for a claim?”
…an independent review can help you find the answers.
Learn more here:
Independent Maternity Care Review
Do you need to complain before making a claim?
Many families start by making a complaint to the NHS Trust. This can help:
gather information
obtain explanations
highlight system issues
create transparency
If you’re considering this route, Eleanor’s guide will help you prepare:
Complaints Support and Guidance
A formal complaint doesn’t prevent you from making a claim later. In some cases, it strengthens your understanding of what happened.
How long do you have to make a maternity negligence claim?
In most maternity negligence cases, the limit is three years, starting from:
the date of the negligence, or
the date you first realised something was wrong
However, for children, the time limit is different: a claim can usually be brought on their behalf at any time before they turn 18.
These timelines may vary, so legal advice is important if you are close to these limits.
What to do before contacting a solicitor
Before taking legal action, consider these steps:
Request your maternity notes
(See how to do this here:
How to Access Your Pregnancy Notes)Write down your story
Capture your timeline and recollection while it’s still fresh.Seek an independent review
This helps you understand your care clearly before entering the legal process.
Doing these steps first protects your mental wellbeing and strengthens any future claim.
Helpful external resources
NHS Resolution – Maternity Incentive Scheme
https://resolution.nhs.ukBirthrights – Maternity Rights Factsheets
https://birthrights.org.uk/factsheetsCitizens Advice – Medical Negligence Guidance
https://www.citizensadvice.org.uk
A final note
It’s completely understandable to wonder about compensation after difficult or traumatic maternity care. But more than anything, families deserve clarity, a clear understanding of what actually happened, why, and whether it could have been prevented.
Compensation may or may not be appropriate. But support, understanding, and healing absolutely are.
You don’t have to navigate these questions alone.
This article is for informational purposes only and is not a substitute for legal, clinical, or psychological advice.