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NHS Resolution Annual report and accounts 2021/22 31

Settling maternity claims

Damages awards for maternity claims are often made by way of a periodical payment order, meaning
a lump sum is paid out upon settlement and then annual payments for the remainder of the harmed
patient's life. This provides the claimant, and their family, with the security of regular payments for
care packages and other required assistance. For maternity claims involving harm to a baby it may
take many years to assess the full extent of the harm caused, as the needs of the child cannot be fully
assessed until developmental milestones have been reached. Such claims also require court approval
of the award of damages. For this reason the average time between notification of a maternity
claim and settlement is 5.8 years, 2.7 years longer than the average clinical negligence claim.

Figure 3:
Some maternity statistics as of 28 March 2022

38% of total clinical 62% of claims by value 60% of the total clinical
negligence payments (£6 billion) notified negligence cost of harm
(£2.4 billion) and hence to us in 2021/22. (£13.6 billion).
contributions collected
from members. The level
of claim payments reflects
past claims activity, so
this is lower than the
percentage of current
notification or incurred
cost of harm described
below. Slightly reduced
from 40% last year.

70% of the total clinical
negligence provision
(£128.2 billion). Slightly
increased from 68%
last year.