Medical negligence claims in the UK are rising in both number and complexity, with delays in diagnosis, missed referrals, surgical errors, and failures in maternity care gaining prominence.
2025 has witnessed a significant surge in clinical negligence claims, with the NHS’s liability said to have hit £60 billion.
The NHS’s total liability has been driven by a surge in childbirth injury cases, with the highest value claim usually for brain injury caused by poor maternity care.
According to the Guardian, maternity claims now account for over 60% of the NHS’s total annual negligence costs.
This surge is not occurring in isolation. Broader trends such as heightened patient awareness, high-profile campaigns such as Jess’s Rule, and increasing legal specialisation have all contributed. However, the financial pressure of maternity claims is particularly acute because of the large settlements required to support affected children over their lifetimes.
As liabilities climb, there is growing recognition that patient safety improvements and systemic change are essential to reducing errors and restoring public trust.
The figures cited by The Guardian underscore the seriousness of the situation facing the NHS in 2025. The surge in clinical negligence claims—especially in maternity care—demands coordinated action from healthcare professionals, legal experts, and government to ensure better outcomes and safeguard the future of the NHS.
Amid this environment, the importance of After the Event (ATE) insurance has become increasingly clear. ATE insurance provides critical financial protection to claimants by covering the risk of paying the defendant’s legal costs if a claim is unsuccessful. This coverage enables more individuals and families to pursue claims without the fear of devastating financial loss, especially in high-value, complex cases such as those involving maternity injuries. The rising uptake of ATE insurance in 2025 reflects both the increased volume of claims and the legal community’s recognition of its value in ensuring access to justice.
Discover how Box Legal’s clinical negligence ATE policy safeguards claimants by covering all necessary legal costs and disbursements. Contact us today for expert assistance.
If you would like to speak to us or obtain further information, then please call 0870 766 9997, or email info@boxlegal.co.uk.
