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Maternity Services: Negligence

Asked by Ben Obese-JectyConservativeDepartment of Health and Social CareTabled Answered 26 February 2025UIN 29219

The question

To ask the Secretary of State for Health and Social Care, what the annual budget is for maternity negligence compensation.

Answered by Ashley Dalton

NHS Resolution (NHSR) manages clinical negligence and other claims against the National Health Service in England. NHSR reports costs in financial years, rather than calendar years. The following table shows the total payments for clinical negligence claims, where the specialty is obstetrics, as well as a breakdown of the payments, from 2019/20 and 2023/24:

Financial year

Payment for damages

NHS legal costs

Payments for claimant legal costs

Total payments

2019/20

£767,233,238

£32,367,023

£102,738,093

£902,338,354

2020/21

£723,593,887

£33,116,641

£91,491,019

£848,201,547

2021/22

£773,202,407

£31,805,729

£100,760,613

£905,768,748

2022/23

£949,118,455

£35,813,142

£100,158,967

£1,085,090,563

2023/24

£988,485,434

£37,850,663

£117,435,753

£1,143,771,850

Total

£4,201,633,420

£170,953,198

£512,584,445

£4,885,171,063


The total payments made by NHSR for clinical negligence claims in 2023/24 was £2.8 billion. This is approximately 1.6% of the NHS resource budget. There is no fixed budget for maternity claims specifically, as the financial management of clinical negligence payments depends only on the financial amount and not the claim type.

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