Call for 'better listening' in maternity care amid rise in negligence claims

Better listening must be at the heart of any meaningful improvement in maternity safety, according to a leading solicitor.

Maria Farrell (c) Optimal Solicitors

Maria Farrell (c) Optimal Solicitors

Optimal Solicitors made the call as it reported a 33% rise in clinical negligence claims driven by maternity care concerns.

Senior practitioner Maria Farrell, who recently joined the firm's clinical negligence team, said: ‘No single clinical negligence case is more important than another. However, maternity safety is an area that stands out – not only for the scale of repeated failures that aren't being learned from, but the cascading level of tragedy and trauma that too often follows one significant mistake, or one call for help that wasn't properly listened to. 

‘Unfortunately, we often hear the same thing: "nobody explained to me what happened". When clients are left with avoidable and irreversible injuries, they deserve to know why things went wrong. This can be a distressing process, and it's our job to support them through that process to an outcome that helps them move forward.'

The firm's rising enquiry numbers mirror a widespread crisis across the healthcare system.

NHS Resolution revealed obstetric claims made up 57% of the total estimated value of new claims reported in 2023/24, and its 2026 maternity scheme evaluation said maternity accounted for 51% of the total clinical negligence cost of harm in 2024/25.

Independent maternity reviews led by Donna Ockenden have repeatedly highlighted the consequences of poor communication, missed opportunities and families not being heard.

Baroness Amos found the maternity and neonatal system in England was no longer fit to consistently deliver high-quality, compassionate care in her final report in June.

A 10-point plan for maternity and neonatal services was issued to NHS leaders in the aftermath of the Amos report.

Optimal Solicitors said better listening must be at the heart of any meaningful improvement in maternity safety. 

With obstetric claims continuing to account for such a significant share of clinical negligence costs, the firm urged healthcare providers to prioritise early, honest communication – before missed opportunities become critical mistakes. 

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