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The cost of settling clinical negligence claims in England is rising and this increase is primarily due to a small number of high-value claims (£1 million and above).
A report by the National Audit Office found that in 2024-25 these claims made up only 2% of all clinical negligence claims in volume, but the associated compensation accounted for 68% of total costs.
Catastrophic brain injuries suffered at birth typically represent the highest value claims, with the average compensation for claims being £11.2 million in 2024–25. Data from NHS Resolution (NHSR), the body responsible for administering clinical negligence indemnity schemes for hospital trusts and general practitioners in England, shows that 120 - 130 paediatric brain injury cases are settled annually.
The Supreme Court’s landmark decision earlier this year in CCC v Sheffield Teaching Hospitals NHS Foundation Trust that child claimants can recover compensation for their ‘lost years’ (i.e. the income and pension they would likely have earned over their working life had the negligence not occurred), is likely to increase damages awarded in future claims of this nature even further.
It is important to remember that the compensation involved in these types of cases reflects the scale of harm caused. Brain injuries at birth often lead to lifelong disability, complex future care needs and decades of support, making it one of the most consequential areas of clinical litigation today.
One seemingly encouraging trend is NHSR’s increasing willingness to admit liability early in cases where harm is clear. NHSR’s Annual Report and Accounts for 2025/26 shows that a record 84% of all clinical negligence claims were resolved without the need for formal legal proceedings. However, whilst this improves outcomes for claimants, it does not address the underlying causes of harm.
Paediatric clinical negligence claims are typically rooted in longstanding systemic failures across maternity services as highlighted in recent maternity scandals such as Shrewsbury, East Kent and Nottingham. At Lanyon Bowdler we have represented a significant number of claimants affected by these scandals and clearly there is still more work to be done to reduce the number of harmful incidents.
Last week NHSR published their Annual Report and Accounts for 2025/26 which acknowledged that avoidable errors in maternity and neonatal services still occur and that improving maternity and neonatal safety remains a central priority.
The Early Notification Scheme
One initiative aimed at facilitating improvements in the safety of maternity care and meet the needs of affected families, including through the early admission of liability where appropriate, is the Early Notification Scheme (ENS) which was introduced by NHSR in 2017.
An early admission of liability in paediatric cases enables the child to access interim compensation payments to cover their immediate care and rehabilitation needs. These payments are vital as the case cannot be fully valued and settled until the child grows old enough for medical experts to fully assess their permanent neurological, cognitive, and physical development and therefore their future needs.
An ENS progress report was published in September 2022 and this claimed that the ENS had brought about a reduction in the time taken to admit liability for qualifying cases as well as a reduction in legal costs. However, a subsequent Freedom of Information Act request made by patient advocacy charity Action Against Medical Accidents (AvMA), showed that of the 2,711 cases referred to NHSR for an ENS investigation, only 100 (2.7%) had received a full admission of liability and of those 100, only 49 had received an interim payment of damages.
An evaluation of the ENS is due to take place in 2026/27 and it is hoped that this will show a more positive improvement in patient safety in maternity care.
It is important that families who are part of an ENS investigation are aware that the ENS is not their only means of redress. They have the right to seek independent legal advice from specialist clinical negligence solicitors and this can be done whilst the ENS process is ongoing.
How Lanyon Bowdler can help
At Lanyon Bowdler, we understand the devastating consequences that paediatric clinical negligence can have on a child’s life and the emotional and financial toll it takes on families. We focus on securing the best possible outcomes for children who have suffered due to errors in medical care, whether from birth injuries, diagnostic delays, surgical complications or other critical failures.
Our specialist Medical Negligence Team is here to help you explore whether you can bring a claim and guide you every step of the way with care and expertise.
If you wish to speak to us about a potential claim, please reach out to our Clinical Negligence Department who will be able to assist.
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