What Is Maternity Negligence? Understanding When Care Falls Short

Maternity negligence refers to failures in care during pregnancy, labour, or postnatal support that lead to harm or distress for either mother or baby. It can include missed diagnoses, poor monitoring, delayed interventions, or simply not being listened to when it mattered most.

In the UK, maternity services are expected to follow clear national standards such as those outlined by NHS England and the National Institute for Health and Care Excellence (NICE). When these standards aren’t met, families may experience avoidable trauma — physical, emotional, or both.
(Source: NHS England Maternity Services Improvement Programme)

But here’s the challenge: not every difficult birth or upsetting experience is necessarily “negligence” in the legal sense. Many families simply want clarity — to understand what happened, why it happened, and whether their care could have been better.

That’s exactly where independent maternity support, like Eleanor Healer Midwifery Care, steps in.

How maternity negligence can happen

Even the best-intentioned care teams can make mistakes. Maternity negligence often arises from systemic pressures as much as individual error. These might include:

  • Staff shortages or shift changes leading to inconsistent care

  • Communication breakdowns between doctors and midwives

  • Failure to follow guidelines for monitoring labour or foetal wellbeing

  • Delayed escalation when complications arise

  • Inadequate postnatal checks or dismissal of maternal concerns

For example, the Ockenden Report (2022) into maternity services in Shrewsbury and Telford highlighted repeated failures in communication and response times that left families without answers for years.
(Source: Ockenden Report: Final Findings 2022)

Common examples families experience

Maternity negligence can take many forms. Here are some of the most common types families experience — and what they might lead to:

Monitoring errors – When the foetal heart rate isn’t properly tracked, signs of distress can be missed, leading to preventable complications.

Delayed intervention – If labour complications aren’t escalated in time, it can result in emergency procedures, birth injuries, or trauma for both mother and baby.

Medication mistakes – Errors with medication, such as incorrect dosages or timing during labour, can cause adverse reactions or delay progress.

Poor communication – When parents aren’t informed about risks, options, or changes in care, it can create fear, confusion, and a deep loss of trust in the team supporting them.

Aftercare failures – Postnatal concerns are sometimes dismissed or overlooked, leading to missed infections, delayed recovery, or unaddressed mental health issues.

These experiences can leave parents feeling anxious, angry, or unsure where to turn. Many families don’t necessarily want to take legal action — they just want an honest explanation and reassurance that what they experienced is understood.
That’s why independent reviews and clear, compassionate advice can make such a difference.

The emotional and practical impact

When maternity care goes wrong, the effects can last well beyond the hospital walls. Families often describe feeling:

  • Confused about what actually happened during birth

  • Guilty, even when they did nothing wrong

  • Let down by professionals they trusted

  • Unsure whether to complain, seek legal advice, or move on

It’s completely normal to want closure — but it’s also normal to feel overwhelmed by the process of getting there.

This is where a complaints support specialist can help you navigate the system calmly and confidently, turning a confusing experience into something you can understand.

How to find out if your care met expected standards

You don’t need to be a medical professional to question your care. If you’ve ever thought, “Was that normal?” or “Could things have been handled differently?”, you’re not alone.

Here’s a simple guide to getting started:

  1. Request your maternity notes – You have the legal right to request your records from the hospital or GP.
    (Learn more on the NHS guidance on accessing health records).

  2. Write down your recollection – Your memory is important evidence; note what you remember, how you felt, and any key conversations.

  3. Compare your experience with NHS standards – Many families use NICE maternity guidelines as a benchmark.

  4. Seek independent insight – An experienced midwife can review your notes and offer an impartial opinion on whether the care met professional standards.

Why an independent maternity care review helps

This is exactly what Eleanor Healer Midwifery Care offers — independent, compassionate, and professional reviews for families who want to understand their care.

What you get from an Independent Review:

  • Plain-English explanation of what happened and why

  • Objective assessment of whether your care met expected standards

  • Supportive guidance on what steps to take next (complaint, feedback, or legal inquiry)

  • Peace of mind — clarity without the pressure of a legal case

Unlike solicitors or hospital teams, Eleanor’s role is to help you make sense of your maternity experience before deciding how to proceed. Her reports are detailed enough for legal professionals yet written in language you can actually understand.

This service can be especially valuable if:

  • You’re unsure whether what happened counts as negligence

  • You’re thinking about writing a complaint but don’t know where to start

  • You want an expert to check your notes before approaching a solicitor

➡️ Learn more about Eleanor’s Independent Maternity Care Review Service

Next steps: understanding your options

If you suspect you experienced maternity negligence, you have a few routes to consider:

1. NHS complaints process

You can submit a complaint directly to the NHS trust involved. This is usually best if you’re seeking an explanation or apology rather than compensation.

2. Independent review

If you’d prefer to understand your situation fully before taking further steps, you can commission an independent review from Eleanor. This can help you decide whether a complaint or legal claim is appropriate.

3. Legal claim

If negligence is suspected and you wish to pursue compensation, you can contact a medical negligence solicitor. Having a professional, independent review first often strengthens your case.

A few final thoughts

Every birth story matters — and every parent deserves to understand their care. Whether your experience left you confused, disappointed, or deeply hurt, you don’t have to figure it out alone.

Eleanor Healer’s role is to bridge the gap between families and formal complaints or legal processes, offering clear, compassionate insight that empowers you to make informed choices.

“Understanding your care is the first step towards healing.”
— Eleanor Healer, Independent Midwifery Expert

Disclaimer: This article is for informational purposes only and should not be considered legal advice. If you believe you may have grounds for a medical negligence claim, seek professional legal guidance.

Eleanor Healer

About Eleanor Healer

I am an experienced midwife, lecturer, and International Board Certified Lactation Consultant (IBCLC) offering independent support for families and professional consultancy. My services include:

Lactation Support – Bespoke, evidence-based infant feeding support through home visits and packages.

Complaints Advice & Support – Independent reviews of maternity notes and birth stories, with guidance on writing complaints or seeking clarity.

Expert Witness Services – Pre-litigation opinions, case reviews, and CPR Part 35 compliant reports for solicitors, backed by Bond Solon training and a Master’s in Medical Law.

Professional Training & Education – Specialist teaching in midwifery, human rights in maternity care, and medico-legal education.

I bring over 20 years of midwifery experience and more than a decade of medico-legal expertise, ensuring compassionate, thorough, and objective support for both families and professionals.

https://www.eleanorhealermidwiferycare.co.uk
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How to Complain About Maternity Care - A Step-by-Step Guide for Families