An NHS Trust in Essex paid out more than £45m in compensation in medical negligence claims for cerebral palsy over the past three years.
From April 2022 to March this year, 12 families affected by a baby contracting cerebral palsy sought compensation from Mid and South Essex NHS Foundation Trust, alleging that medical negligence caused the life-changing condition.
Compensation claim experts Medical Negligence Assist learned that nine successful claims were finalised in the same period, leading to the Trust paying out £45,782,584.
That is an average settlement of £5,086,954 per case.
Including their legal fees, plus covering £3,156,500 worth of claimants’ fees, cerebral palsy claims cost the Trust a massive £50,182,049.
Cerebral palsy is a brain condition typically caused by complications while a baby is in the womb or during birth. There is no cure and can have such effects as delayed development, physical weakness and learning disabilities.
Because cerebral palsy is likely to affect a baby significantly and throughout their life, the compensation awarded is among the highest of any medical negligence claim.
That was the case around England, where Trusts paid out a staggering £1,491,843,283 between 2022/23 and the most recent financial year, 2024/25.
In 2024/25, 154 claims were settled at a cost–in damages alone–of £545,865,571. It means that the average payout was £3,544,582.
NHS Resolution, which manages litigation on behalf of NHS Trusts, explained the reasons behind the compensation claims.
Out of 251 new claims against Trusts in 2024/25, around a quarter of them (66) had the ‘primary cause’ of failed or delayed treatment.
Another 46 claims were made because of an alleged failure to respond to an abnormal fetal heart rate, which can be associated with cerebral palsy.
Claims were made 27 times because of a failed or delayed diagnosis, while other supposed errors included failures to monitor different stages of labour, medical professionals failing to recognise complications, and missed antenatal screenings.
NHS Resolution recently posted its 2024/25 accounts, noting that 10% of all new claims were related to obstetrics, which includes cerebral palsy claims.
But the value of those claims made up 42% of the £3.1bn paid in clinical negligence damages, and more than half of the massive £4.9bn ‘cost of harm’ across all claims.
Reacting to news of a massive NHS bill for maternity-related claims, former health secretary Jeremy Hunt said: “It should be a matter of national shame that we now spend more on maternity litigation than the total cost of running maternity services.”
Medical Negligence Assist is a team of expert clinical negligence solicitors with expertise in representing claimants around the country.
It offers free guidance on claims through a 24/7 advice line and live chat support service.
