Perinatal asphyxia: Making a compensation claim

If your baby has suffered perinatal asphyxia, you may be facing an incredibly distressing and uncertain time. In some cases, this type of birth injury could have been prevented with the right medical care.

You may be able to make a perinatal asphyxia compensation claim to secure the support your child needs now and in the future.

Start your claim today.

Can You Make a Perinatal Asphyxia Claim?

You may be able to make a perinatal asphyxia claim if your baby’s injury was caused by substandard medical care before, during, or immediately after birth.

This can include:

• Failure to monitor foetal distress during labour
• Delays in delivery, including delayed C-section
• Failure to act on abnormal CTG readings
• Poor or delayed neonatal resuscitation

You do not need to know whether negligence occurred. A specialist solicitor can investigate this for you and determine whether you have a claim.

What is perinatal asphyxia and what causes it?

Perinatal asphyxia, also known as birth asphyxia, occurs when a newborn does not receive enough oxygen before, during, or shortly after birth.

This lack of oxygen can lead to serious complications, including permanent brain injury if not treated quickly.

Common causes include:

• Problems with the umbilical cord, placenta, or uterus
• Complications affecting the baby’s airway
• Maternal health conditions such as infections or high blood pressure
• Premature birth, prolonged labour, or foetal distress

Understanding the medical basis of perinatal asphyxia

When a baby is deprived of oxygen, vital organs such as the brain, heart, and lungs can be damaged (Seattle Children’s Hospital)

Without rapid treatment, this can lead to seizures, organ failure, and long-term neurological injury.

Immediate medical intervention, including resuscitation and oxygen support, is essential to reduce the risk of permanent harm.

The consequences of perinatal asphyxia

Perinatal asphyxia can have both immediate and lifelong effects.

Short-term effects

• Respiratory distress
• Seizures
• Feeding difficulties
• Need for intensive neonatal care

Long-term effects

• Cerebral palsy
• Learning disabilities
• Developmental delays
• Behavioural difficulties
• Ongoing medical and therapy needs

These outcomes can have a significant emotional and financial impact on families.

Source: National Library of Medicine 

When Does Perinatal Asphyxia Become Medical Negligence?

Perinatal asphyxia may result from medical negligence if healthcare professionals fail to provide the expected standard of care.

Examples include:

• Failure to properly monitor the baby during labour
• Ignoring signs of foetal distress
• Delays in carrying out emergency delivery
• Poor response in an emergency situation

If these failures led to avoidable harm, you may be entitled to pursue a compensation claim.

Identifying negligence in birth injury cases

Medical negligence occurs when healthcare providers fail to meet the expected standard of care, resulting in harm.

This may include:

• Failure to monitor foetal heart rate
• Delayed intervention during labour
• Improper use of delivery instruments
• Failure to provide timely resuscitation
• Inadequate prenatal care

Each case is unique and requires detailed investigation supported by medical evidence.

What Compensation Can Cover

A successful perinatal asphyxia compensation claim can help secure financial support for your child’s future.

Compensation may cover:

• Ongoing medical care and rehabilitation
• Physiotherapy, speech and occupational therapy
• Specialist equipment and assistive technology
• Home adaptations or suitable accommodation
• Lifetime care needs
• Loss of earnings for parents or carers

The aim is to ensure your child has access to the care and support they need throughout their life.

Perinatal Asphyxia Claims Process

Making a claim involves several key steps:

Step 1: Initial enquiry

We listen to your experience and understand your situation

Step 2: Case review

We assess whether your claim has merit

Step 3: Medical records

We obtain and review all relevant records

Step 4: Expert assessment

Independent experts assess whether negligence occurred

Step 5: Negotiation

We pursue compensation on your behalf

Step 6: Settlement

If successful, compensation is secured to support your family

How Long Do You Have to Claim?

You usually have three years from the date of negligence or when you became aware of it to make a claim.

For children, a claim can typically be made up until their 21st birthday.

In cases involving individuals without mental capacity, time limits may not apply.

It is always best to seek legal advice as early as possible.

Preparing your case

Strong evidence is essential when making a claim.

This may include:

• Medical records from pregnancy, labour, and postnatal care
• Expert medical opinions
• Witness statements
• Foetal monitoring records and scans

This evidence helps establish whether negligence occurred and how it impacted your child.

Why Choose Fletchers Solicitors

• Specialist birth injury solicitors with extensive experience
• Proven track record in securing high-value compensation
• Access to leading independent medical experts
• Compassionate, family-focused support
• No Win No Fee funding available

We are committed to helping families secure answers, justice, and long-term support.

Speak to a Perinatal Asphyxia Claims Specialist

If your child has been affected by perinatal asphyxia, you do not have to face this alone.

• Free consultation
• No Win No Fee
• Specialist legal support

Start your claim today.

Our team is here to guide you every step of the way and help secure the compensation your family needs for the future.