Birth injury claims

Having supported countless families affected by birth injuries, we understand the emotional and physical toll these cases can take. We work tirelessly to help families affected by birth injury, and fight to provide the support and legal expertise they need to move forward.

Our commitment to every birth, every baby and every family, has seen us build a grant programme to improve maternity care – and host a roundtable for maternity professionals to share knowledge and call for change in the industry.

A birth injury is any harm caused to a baby or mother during pregnancy, labour or delivery. This can range from physical injuries such as fractures or nerve damage, to more serious conditions caused by oxygen deprivation, including cerebral palsy and hypoxic-ischaemic encephalopathy (HIE). Not all birth injuries are the result of negligence, but when substandard care plays a part, you may have grounds for a claim.

A birth injury claim is a type of clinical negligence case brought when a baby or mother suffers harm due to substandard care during pregnancy, labour or delivery

These claims can cover a wide range of injuries, from physical trauma such as fractures or nerve damage, to conditions caused by oxygen deprivation such as cerebral palsy.

A successful claim can secure compensation to fund specialist care, therapy, equipment and support for your child’s long-term needs.

There are many different types of birth injuries, and they all vary in causes and severity. Some of the most common include:

• Cerebral palsy, often caused by oxygen deprivation during labour
• Erb’s palsy, nerve damage affecting the shoulder and arm, typically caused by difficulties during delivery
• Hypoxic-ischaemic encephalopathy (HIE), brain injury resulting from a lack of oxygen
• Brain injuries, sometimes caused by the use of forceps or ventouse
• Infections, such as Group Strep B, which can later cause further complications

If your child has been diagnosed with a condition that you believe is a result of negligence, our specialists can help you understand whether you have a claim.

Birth injuries are more common than many people realise. It’s estimated that around five in every 1,000 babies born in the UK experience some form of brain related birth injury. While many are minor and resolve quickly, others have lasting consequences that affect a child’s development and quality of life. If you’re concerned about what happened during your child’s birth, you’re not alone, and you don’t have to face it without support.

Birth injury claims are among the most complex in medical negligence law, so it’s important to be realistic about timescales. Many cases take between three and five years to resolve, particularly where the full extent of a child’s needs is still emerging. We know that’s a long time, and we’ll make sure you’re never left wondering where things stand. Our team will keep you updated throughout, and we’ll work to secure interim payments where possible so you can access support while the claim is ongoing.

A parent or legal guardian can make a birth injury claim on behalf of a child who was injured at birth. If the child reaches adulthood without a claim being made, they have until their 21st birthday to bring a claim themselves. In cases where the mother was also harmed, she can make a separate claim in her own right. If you’re unsure whether you’re eligible, our team can talk you through your options in a free, no-obligation consultation.

Birth injuries can happen when medical professionals fail to meet the standard of care expected during pregnancy, labour or delivery.

Common examples include:

• Failing to monitor foetal distress adequately
• Delays in ordering an emergency caesarean
• Improper use of delivery instruments such as forceps or ventouse
• Failure to identify or act on risk factors such as a large baby or abnormal presentation
• Inadequate management of complications like umbilical cord prolapse or shoulder dystocia.

For an adult, you have 3 years from the date of injury or the date of knowledge of the injury to start the court process

If claiming for a child, you can start a claim anytime but the court process has to start before they turn 21.

Once the child turns 18, they have three years (until their 21st birthday) to make a claim.

If an adult does not have mental capacity, the usual three year time limit may not apply and only becomes relevant if they regain capacity.

If you are not sure, contact one of our birth injury specialists for advice.

Birth injury claims are often made by a parent, guardian or close family member on behalf of someone who is unable to manage the claim themselves. This may be because the injured person is a child, or because their injuries have left them needing ongoing support with important decisions about their care and future.

Some common birth injuries our experts come across include birth trauma, avoidable tearing, surgical injuries, and injuries caused by negligent use of forceps. These injuries vary in severity, and can be caused through numerous negligent circumstances.

A serious birth injury, with long-term impact, might include cerebral palsy. This is a condition that affects muscle control, movement, and posture due to brain damage that may occur before, during, or shortly after birth. It can result from factors like oxygen deprivation, infections, or complications during delivery. Cerebral palsy varies in severity, and while some individuals may have mild symptoms, others may require lifelong care and support.

Often early intervention with rehabilitation therapies is essential for those affected by birth injury. Once liability has been established Along with the case manager, we can open the door to a range of therapies to aid rehabilitation including:

• Occupational therapy
• Physiotherapy
• Speech and language support
• IT and other assistive technology support
• Psychological support, including sleep and behaviour programs

If you’ve been approached about the NHS Early Notification Scheme or the Healthcare Safety Investigation Branch, our advice is to speak to us for expert legal advice as soon as possible.

If you’re not sure whether negligence occurred, speak to our specialists. With something as potentially life changing as birth injury, it’s crucial that you seek specialist legal advice as soon as possible. Our experienced team of birth injury solicitors will listen and can advise whether you have a case.

You don’t need to know whether you have a claim before contacting us. Many people come to us feeling unsure about what has happened or whether they’re entitled to make a claim, and that’s completely understandable. Our first conversation is simply about listening to your experience, understanding what you’ve been through, and answering any questions you may have. We’ll give you clear, honest advice about whether you may have a case and explain the next steps in a straightforward, supportive way.