Birth Injury Birth Injury
Birth Injury

Birth Injury Claim

Part of a wider group of legal experts, the medical negligence team at Fletchers are experienced in helping clients claim birth injury compensation.

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100s

Cases handled

50

Injury claim lawyers

£15m

Compensation paid

6

Company accreditations

What are birth injury claims?

  • Cerebral palsy claims

  • Erb’s palsy claims

  • Klumpke’s palsy

  • Surgical errors

  • Trauma and physical injury to mother

  • Wrongful birth claims

Birth Injury

What are the most common causes of birth injury claims?

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  • Physical injuries to the mother during birth 
  • Injuries stemming from the use of forceps 
  • Injuries to the child during birth, such as cerebral palsy or Erb’s palsy 
  • Misdiagnosis of pre-existing conditions 
  • Injuries sustained after birth due to negligence 
  • Claims of midwife negligence 

What are the symptoms of birth injuries?

  • An arched back while the baby is crying 
  • Any difficulty the infant has when suckling, eating, or swallowing 
  • Excessive drooling – which may indicate a facial nerve injury 
  • Hand curled into a claw-like shape 
  • High-pitched crying, grunting, or general fussiness 
  • Low oxygen levels 
  • Low heart rate 
  • Muscle stiffness or looseness 
  • Seizures 
  • Sensitivity to light 
  • Skull fractures 
  • Weak or absent reflexes 
  • Vaginal tearing or scarring 
  • Pelvic prolapse 
  • A sensation of something coming down from inside, or out of, the vagina, which sometimes needs to be pushed back in 
  • Pain or discomfort during sexual intercourse 
  • Urinary incontinence / uterine prolapse 
  • Skin hanging out after birth 
  • Cervix low after birth 

How are birth injuries treated?

  • Surgery 
  • Pelvic floor exercises 
  • Uterine repair 
  • Hysterectomy (in severe cases) 
  • Episiotomy

Can I make a birth injury claim?

How much time do I have to make a birth injury claim?

How much does it cost to make a birth injury claim?

Team Member

Trevor Ward
Partner and Head of Birth Injury Unit

Meet your legal team
Team Member

Trevor Ward
Partner and Head of Birth Injury Unit

Meet your legal team

Supporting you through serious birth injury

A birth injury often has permanent, life-changing consequences for the whole family, and we understand that you’ll need support throughout the legal process and beyond.

With cases of birth injury, early intervention with rehabilitation therapies is essential. As well as supporting you through the birth injury compensation claim, we will also help you access medical experts, such as paediatric physiotherapists, speech & language therapists, and occupational therapists. We can arrange specialist advice to help secure your child’s future in terms of accommodation needs, financial management, care and support needs, and specialist equipment.

Our dedicated Court of Protection Team can advise and assist with life planning and financial management for anyone who doesn’t have the mental capacity to make decisions about these on their own.

We also have access to UK based case managers who will assist in prioritising your needs on the ground. Once liability is established, we can arrange for interim payments to be made to support your recovery.

How to get started

Our expert legal team can advise on your claim for medical negligence. Our down to earth guidance and practical advice will help to get your claim started as quickly as possible.

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Birth Injury

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Birth Injury

Find out more about what to expect in our short video.

We’ve helped so many people just like you

From a specialism in motorcycle accidents, came our expertise in spinal injuries, traumatic brain injuries, amputation and birth injury. Many of our serious injury solicitors have been part of the Fletchers team since the very beginning; and are an integral part of our business. We have some of the very best legal talent in our department, including APIL accredited solicitors, and talented individuals recognised with The Legal 500 and Chambers & Partners.

Why Choose Fletchers? 

Birth Injury FAQs

Who can make a birth injury claim?

If you’ve experienced a birth injury, whether that was in an NHS or private healthcare setting, you could be eligible to make a claim.

How do I know if negligence occurred?

If you’re not sure whether negligence occurred, speak to us. 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 will listen and can advise whether you have a case.

Is there a time limit on making a serious birth injury claim?

In cases of birth injury where the person affected has mental capacity, the time limit for making a claim for negligence is three years from their 18th birthday (i.e. their 21st birthday). Unfortunately, some children or adults who have been injured do not have the mental capacity to either conduct and/or provide instructions in connection with the case, or to manage the compensation that is obtained. In these situations, a parent or guardian can be legally appointed as a “Litigation friend” to act in the proceedings on the affected person’s behalf. If the affected person does not have the mental capacity to recognise the mistake, there can be no time limit on making a claim, unless the person regains capacity.

Can you help me access rehabilitation and medical specialists to support my child?

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 and where appropriate, psychological support including the introduction of sleep and behaviour programmes.

What if the birth injury is being investigated as part of the Early Notification Scheme?

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.

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