Birth trauma claims

Birth trauma refers to any physical or psychological injury experienced by a mother or baby during labour or delivery. For some families, it involves clear physical harm – such as fractures, nerve damage or oxygen deprivation.

For others, it may involve psychological birth trauma, including post-traumatic stress, anxiety or ongoing fear connected to the birth experience. Birth trauma can affect both mother and baby, and in some cases the effects are long-lasting.

In most cases, you have three years from the date you first became aware that negligence may have caused the injury.

Different time limits apply for children’s claims – in those cases, the three-year period does not begin until the child turns 18, meaning a claim can be brought at any point up to their 21st birthday.

We recommend seeking advice as early as possible. If you are unsure whether you are within the time limit, speak to us and we will tell you honestly where you stand.

No. Not all birth trauma is caused by negligence. Some complications are unavoidable, and not every difficult birth gives rise to a claim.

However, where mistakes, poor care, or failures to follow the expected standard led to preventable harm, a birth trauma claim may be possible.

Our specialist solicitors can assess whether the care you received fell below the expected standard and whether that caused your injuries.

Birth trauma cases – particularly those involving serious neonatal injuries or complex medical evidence – can take a number of years to resolve.

This is because they require detailed expert evidence, thorough investigation of the medical records, and careful assessment of long-term care needs. We understand that this can feel daunting, but we will keep you informed at every stage and work to progress your case as efficiently as possible.

Where appropriate, we will also seek interim payments to support your family during the process.

We will gather the evidence needed on your behalf. This typically includes your medical records and maternity notes, which we will request and review.

We will then instruct independent medical experts to assess whether the care you received fell below the expected standard and whether that caused your injuries or your baby’s injuries.

You do not need to source evidence yourself – we will handle that process for you.

Yes. Birth trauma is not limited to physical injuries. A traumatic or mismanaged birth can lead to PTSD, postnatal anxiety, depression, or other forms of psychological harm – all of which may form part of a birth trauma claim.

Many of our clients have sought compensation for both physical and psychological injuries resulting from negligent maternity care.

Responsibility may lie with individual healthcare professionals or the NHS Trust where care fell below the acceptable standard.

Birth trauma claims are usually brought against the relevant NHS Trust. If your care took place in a private hospital, the claim would be brought against the relevant private provider.

Yes. Some of the clients we have worked with have experienced increased anxiety, fear of childbirth, or medical complications in future pregnancies following a traumatic birth.

Additional support and monitoring may be needed. If you are concerned about a future pregnancy following a traumatic birth, we would encourage you to seek specialist medical advice alongside any legal support we can offer.

Anyone who has suffered avoidable harm due to negligent maternity care may be entitled to traumatic birth compensation. This can include mothers who experienced physical injury or psychological trauma, and parents bringing a claim on behalf of a baby who suffered a birth injury.

If you are struggling after a traumatic birth, you are not alone, and reaching out for support is an important first step. As part of your birth trauma claim, we can also help you access treatment, rehabilitation and counselling, so you have the support you need while your case is ongoing.

Starting a claim is simple. You can contact us for an initial conversation about what happened. We will listen to your experience, review your medical records and advise you on whether you may have a claim. You do not need to have all the answers before you speak to us, we will guide you through every stage of the process.

No. We act on a No Win, No Fee basis, which means there is no upfront cost to begin your claim. You can pursue answers and compensation without financial risk.