Every case below is a published judgment of the courts of England and Wales, linked to its source. Summaries are ours; amounts appear only where the judgment states them. We include claims that failed, because they show what has to be proved.
Claim failed
[2024] EWHC 2023 (KB)·2024·Liability decided at trial
The mother's recorded history of kidney scarring was said to require consultant-led care and serial growth scans, which were not arranged; the baby was born prematurely at Solihull Hospital with brain damage. The judge held that classifying the pregnancy as low risk was within acceptable practice in 2008, so there was no breach of duty.
Antenatal risk-assessment claims turn on whether the mother's history genuinely required extra monitoring under the guidance of the time. Hindsight that scans might have helped is not the legal test.
Settlement approved£9.3M
[2023] EWHC 1547 (KB)·2023·Settlement approved by the court
A low-birth-weight baby was not fed adequately overnight and his blood sugar was not checked early enough, causing hypoglycaemic brain damage; the Trust admitted liability in 2018. The court approved a £9.3m lump sum plus periodical payments and held the Trust also owed interest for accepting the offer late.
Negligence in the first days of a newborn's life, not just during labour, can produce some of the largest clinical negligence awards. If a defendant accepts a Part 36 offer late, interest for the delay can be claimed on top.
Mixed outcome
[2020] EWHC 1504 (QB)·2020·Liability decided at trial
A baby born breech by caesarean should have had a hip ultrasound within six weeks, but the appointment was not arranged until nine weeks and, after rescheduling, the scan at 17 weeks showed hip dysplasia in both hips, needing surgery. The Trust admitted breach but, shortly before trial, sought to blame the mother's missed appointment; the judge refused the late amendment.
Babies born breech need a timely hip scan, and a trust's failure to arrange one within its own protocol was admitted as negligent. Defendants cannot raise new causation arguments on the eve of trial without good reason.
Claimant succeeded£1.84M
[2019] EWHC 1508 (QB)·2019·Appeal decision
A premature baby was sent home although a blood culture taken in hospital grew Group B strep; staff did not recall her and she developed meningitis with severe brain injury. The claim settled for a lump sum and annual payments; this reported judgment concerns a costs dispute, which the claimant lost.
Failing to act on a positive blood culture after discharge can lead to a multi-million-pound settlement. Note the published judgment is about costs, not the merits.
Claimant succeeded
[2018] EWHC 716 (QB)·2018·Liability decided at trial
A newborn baby was discharged after his mother, who spoke very little English, was given feeding advice she could not understand and without an interpreter, and the family's concerns about his crying were not acted on. He was found pale and lethargic the next day with dangerously low blood sugar that caused permanent brain injury.
Discharge advice only counts if it is given in a way the parent can actually understand, using an interpreter where needed. Concerns raised by a family before discharge should be recorded and looked into rather than brushed aside with reassurance.
Claim failed
[2006] EWHC 1238 (QB)·2006·Liability decided at trial
A baby born at 34 weeks developed severe jaundice; it was alleged doctors should have started an exchange transfusion sooner and that the laboratory should have phoned through a dangerously high bilirubin result. The judge found no breach in the doctors' decisions and, although the lab should have telephoned the result, concluded the damage could not have been prevented by then.
Neonatal jaundice claims depend on exactly when bilirubin reached a toxic level and whether earlier action could have prevented it. A proven communication failure still needs to be shown to have changed the outcome.