Birth Injury Claims
Our team of specialist solicitors can help with birth injury claims if negligent medical care has caused you or your baby to suffer avoidable injuries.
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If you or your baby has suffered avoidable injuries during childbirth, you may be entitled to compensation. Birth injury claims can help you secure compensation for any suffering caused by negligent medical care. From improper use of medical instruments to delayed responses in critical moments, even a single error can have lasting consequences.
As experienced solicitors, we know how overwhelming this process can feel. Our team will guide you through every step of the claims process and help you get the support you deserve.
Please continue reading to find out more about how we can help or, if you’d prefer to speak with someone now:
- Call 020 7362 2087
- Use our live chat
- Contact us to discuss your claim.
When Are Birth Injury Compensation Claims Possible?
Birth injury compensation claims become possible if you or your baby suffered harm during childbirth because a healthcare professional in London failed to provide an acceptable standard of medical care. This might include errors at hospitals like St Thomas’, mismanagement of labour at Queen Charlotte’s and Chelsea, or failures to act promptly by NHS staff in the boroughs of Camden or Lambeth. You could also start a claim against private hospitals for birth injuries caused by negligent medical care.
For a claim to be eligible for compensation, you must show that:
- You and your baby were owed a duty of care – every medical professional involved in the delivery of your baby, from doctors to midwives, has a duty of care to provide the correct standard of treatment.
- They breached their duty of care – for example, this could be failing to monitor your baby’s oxygen levels or improperly using forceps during delivery.
- This resulted in you or your baby suffering unnecessary harm – for example, you may have suffered pelvic fractures or your baby may have developed cerebral palsy.
However, please bear in mind that birth injury claims can be tricky to prove and involve complex evidence. That said, you may have a better chance of being compensated with one of our medical negligence solicitors on your side.
Please get in touch if you’d like us to check if you have a valid birth injury claim. If you do, one of our solicitors could start working on your case right away.
Common Types Of Avoidable Birth Injuries
Birth injuries can affect mothers and babies in different ways. Some injuries heal with treatment, while others can cause permanent disabilities, ongoing health complications or additional care needs.
Physical Birth Injuries
Physical injuries can affect either the mother or baby. Examples that may be associated with medical negligence include:
Broken bones (baby): Fractures affecting the collarbone, skull or limbs.
Erb’s palsy (baby): Nerve damage affecting movement and strength in the arm or shoulder.
Severe perineal tears (mother): Third or fourth-degree tears that can cause persistent pain, incontinence or difficulties with bowel control.
Caesarean section injuries (mother or baby): Surgical injuries, including damage to the mother’s bladder or bowel, or accidental cuts to the baby.
Severe postpartum haemorrhage (mother): Excessive bleeding after childbirth that can lead to anaemia, organ damage or other serious complications.
Neurological Birth Injuries
Neurological injuries affect the baby’s brain or nervous system and can have lasting consequences for their development and independence.
Examples include:
Cerebral palsy (baby): A condition affecting movement, posture and coordination, sometimes accompanied by learning or communication difficulties.
Hypoxic-ischaemic encephalopathy (HIE) (baby): Brain injury associated with reduced oxygen and blood flow, which can cause developmental delays or permanent disabilities.
Epilepsy (baby): A neurological condition involving recurrent seizures that may develop following a brain injury.
Kernicterus (baby): A serious form of brain damage associated with severe jaundice, potentially causing hearing loss and movement difficulties.
Facial nerve palsy (baby): Nerve damage that can cause weakness or reduced movement on one side of the face.
Not every birth injury is preventable or the result of medical negligence. However, where substandard care has caused additional harm, you or your child may be entitled to compensation for the resulting injuries and their long-term effects.
Causes And Liability In Birth Injury Cases
Birth injury claims may arise when mistakes made during labour and delivery cause avoidable harm to the mother or baby. Establishing liability involves examining whether the care provided fell below an acceptable medical standard and whether this directly caused the injury.
Examples of medical errors that could lead to a claim include:
Delayed medical intervention: Failing to perform an emergency caesarean section when complications require immediate action.
Incorrect use of delivery equipment: Using forceps or ventouse equipment improperly or applying excessive force during an assisted delivery.
Inadequate foetal monitoring: Failing to recognise or respond appropriately to signs of foetal distress.
Poor management of pregnancy complications: Failing to diagnose or treat conditions such as pre-eclampsia or placenta praevia.
Failure to provide appropriate postnatal care: Delaying necessary treatment for complications affecting the mother or newborn baby.
Depending on where the treatment took place, an NHS Trust or private healthcare provider may be legally responsible for the actions of its medical staff.
Our birth injury solicitors can examine your medical records and investigate whether failures in your care caused avoidable harm.
The Birth Injury Claims Process
The birth injury claims process involves gathering evidence to establish whether medical negligence during labour or delivery caused avoidable harm to you or your baby. Our specialist birth injury solicitors can investigate the circumstances, assess liability and help you pursue compensation.
Steps that could help support your birth injury compensation claim include:
Seek medical attention: Make sure you or your child receive appropriate treatment for any injuries or complications. Medical assessments can also help document the extent of the harm suffered and any ongoing care needs.
Obtain medical records: Maternity notes, foetal monitoring records, delivery records and neonatal records can help establish what happened during childbirth and whether appropriate care was provided.
Record what happened: Write down your recollection of the pregnancy, labour and delivery, including any concerns raised with medical staff. Keep relevant hospital correspondence and photographs of visible injuries.
Seek specialist legal advice: Our birth injury solicitors can review the circumstances of your case, explain whether you may have grounds to claim and identify who could be held responsible.
Obtain medical expert evidence: Your solicitor may arrange for independent medical specialists to assess whether the care provided fell below an acceptable standard and whether this caused avoidable injuries.
Establish the impact of the injury: Medical reports, care assessments and financial records can help demonstrate how the birth injury has affected you or your child, including future treatment, rehabilitation and support needs.
Once sufficient evidence has been gathered, your solicitor can present the claim to the responsible NHS Trust or private healthcare provider and seek to negotiate a settlement. If an agreement cannot be reached, court proceedings may be necessary, although many medical negligence claims settle without a trial.
Our London birth injury solicitors can review your circumstances, explain the next steps and advise whether you or your child may be eligible to claim compensation.
What Can Compensation For Birth Injuries Cover?
Compensation for birth injuries can cover the physical and psychological harm suffered by the mother or baby, alongside financial losses resulting from medical negligence. The amount awarded depends on the severity of the injury, its long-term effects and the financial support required.
Birth injury compensation is generally divided into two categories:
Compensation For Pain And Suffering
Known as general damages, this compensates you or your child for the injury itself and its impact on quality of life (loss of amenity).
Depending on the circumstances, compensation may account for:
Physical pain and suffering caused by the birth injury.
Psychological harm, including recognised conditions such as post-traumatic stress disorder (PTSD).
Permanent disabilities, such as cerebral palsy or lasting nerve damage.
Reduced mobility, independence or ability to participate in everyday activities.
Long-term effects on development and quality of life.
Compensation For Associated Financial Losses
Known as special damages, this covers reasonable financial expenses and losses caused by the birth injury, including anticipated future costs.
Examples include:
Medical treatment and rehabilitation: Physiotherapy, specialist appointments and other necessary treatments.
Care and assistance: Professional care or additional support provided by family members.
Specialist equipment and adaptations: Mobility aids, adapted vehicles or modifications to the family home.
Loss of earnings: Income lost by the injured mother or, where applicable, the child’s future loss of earning capacity.
Travel expenses: Reasonable costs of travelling to medical appointments and rehabilitation sessions.
How Is Birth Injury Compensation Awarded For Your Baby?
Birth injury compensation awarded to your baby will depend on the severity of their injuries and the support they are likely to need throughout their life.
For serious injuries, such as cerebral palsy or permanent brain damage, compensation may be paid as a lump sum, regular periodical payments or a combination of both. Periodical payments can provide ongoing financial support for future care and assistance.
Where compensation is awarded to a child, the settlement generally requires court approval. The money is held and managed for the child’s benefit until they turn 18, although arrangements may differ where they lack the capacity to manage their finances.
Our birth injury solicitors can assess your child’s current and future needs, helping you pursue a settlement that reflects the long-term consequences of their injury.
Why Use A No Win No Fee Solicitor To Manage Your Claim?
Choosing a No Win No Fee solicitor means you don’t have to worry about the cost of hiring legal representation while you focus on your or your baby’s wellbeing.
Our solicitors work under the terms of a Conditional Fee Agreement.
With this arrangement in play, you pay nothing upfront for your solicitor’s services. If your claim doesn’t succeed, you don’t pay these fees either.
However, should the claim succeed, your solicitor will take a legally limited percentage of your compensation as their success fee.
Additionally, by working with one of our No Win No Fee solicitors, they can help with:
- Investigating Failures In Maternity Care: Our solicitors can obtain and review maternity records, CTG monitoring traces and delivery notes to identify potential failures in care and establish who may be responsible for your or your child’s injuries.
- Assessing Lifelong Care And Support Needs: For serious birth injuries, such as cerebral palsy or brain damage, our solicitors can arrange specialist assessments to calculate future care costs, rehabilitation needs, specialist equipment and home adaptations.
- Securing Interim Payments And Court-Approved Settlements: Where liability is admitted or established, our solicitors can seek interim payments to help cover immediate care needs. They can also manage the court approval process for compensation awarded to your child.
If you’re considering starting a birth injury claim in London, why not reach out to our team to discover how one of our specialist birth injury solicitors could support you every step of the way?
Contact Our Team Today
If you believe you or your baby have suffered harm due to mistakes during childbirth, you don’t have to face the next steps alone. Our specialist solicitors are ready to listen to your story and offer clear advice tailored to your situation.
You can ask any questions or start the claims process by:
- Calling 020 7362 2087,
- Using our live chat
- Contacting Us online.
Frequently Asked Questions (FAQ)
What types of birth injuries can lead to a claim?
Birth injury claims may involve conditions such as cerebral palsy or brain damage caused by failures in maternity care. Other claims concern physical injuries, including broken bones or brachial plexus damage. Mothers may also claim for severe perineal tears caused or worsened by mistakes during labour or delivery.
What compensation can I receive for a birth injury claim?
Compensation can cover the pain and suffering caused by a birth injury, including its impact on daily life. It may also account for medical expenses and ongoing care costs. Depending on the circumstances, compensation could include recognised psychological harm and associated financial losses, such as lost earnings.
Why should I use a specialist birth injury solicitor?
Specialist birth injury solicitors understand the complexities of medical negligence claims and can help establish whether substandard care caused avoidable harm. They can gather medical evidence and arrange expert assessments to support your case. Your solicitor can also handle negotiations and represent your interests if court proceedings become necessary.