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Birth Injury Claims

Suing the NHS or private healthcare providers for birth trauma

Our specialist solicitors offer free, no-obligation consultations to assess your case and provide expert legal guidance.

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Common Causes of Birth Injuries

Birth injuries can occur due to medical errors before, during, or after childbirth. Healthcare professionals must monitor both mother and baby closely, but when they fail to follow proper procedures, serious harm can occur.

Some of the most common causes of birth injuries include:

Lack of proper screening: Errors in screening for conditions such as Down Syndrome, Spina Bifida, or heart defects can prevent parents from making informed decisions.
Surgical Errors: Includes induced labour errors, improper use of forceps or vacuum extractors, and incorrect suturing after delivery.
Midwifery & obstetrics negligence: Prescribing the wrong drug, incorrect dosage, or a medication the patient is allergic to.
Failure to diagnose maternal infections: Conditions like sepsis, pneumonia, or UTIs can be dangerous if left untreated.
Mistreatment of difficult births: Failing to respond to foetal distress or incorrectly managing shoulder dystocia can result in severe trauma for both mother and child.

Types of Birth Injury

Examples of Injuries Affecting Babies

Cerebral palsy & brain damage: Caused by oxygen deprivation (perinatal hypoxia), leading to permanent disabilities.
Fractured bones & skull trauma: Linked to misuse of forceps or vacuum extraction during assisted delivery.

Examples of Injuries Affecting Mothers

Third- and fourth-degree perineal tears: Poor handling of delivery can lead to long-term pain, incontinence, or infection.
Retained products of conception (RPOC): Leaving placental or fetal tissue inside the uterus can cause serious infections if not treated.

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Specialist negligence solicitors

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24/7 Support

Specialist negligence solicitors

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Am I Eligible to Make a Claim?

To bring a successful claim, four key elements must usually be proven:

1

Duty of care

The healthcare provider had a legal responsibility to care for you.

2

Breach of duty

The care fell below acceptable medical standards.

3

Causation

The harm you suffered was a direct result of that substandard care.

4

Damage

You experienced physical, emotional, or financial harm as a consequence.

Is there a time limit?

You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.

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Related Claims

Erb’s Palsy Claims

Cerebral Palsy Claims

Brain Injury Claims

C-Section Negligence Claims

Complications with Induced Labour

Surgical Errors

Maternity & Pregnancy Negligence

Your Questions Answered

Who can make a birth injury claim?

You can make a birth injury claim if you or your baby suffered harm due to medical negligence. Most childbirths in the UK are safe, but around 30,000 birth injuries occur every year.

Many of these could have been prevented with proper medical care. If mistakes made by doctors, midwives, or maternity staff led to injury, you may be eligible to claim compensation.

How long do I have to make a birth injury claim?

For injuries to a child: Parents can claim on behalf of their child until they turn 18. After this, the child has three years (until age 21) to start a claim themselves.
For injuries to the mother: The time limit is three years from the date of the injury or from when it was discovered to be caused by negligence.

If the child has severe brain damage or lacks the mental capacity to claim, there may be no time limit.

If you’re unsure about time limits, our legal team can provide expert advice.

Why should I make a claim?

Compensation can provide financial support for medical treatment, therapy, and ongoing care. Many children affected by birth injuries require lifelong rehabilitation, specialist equipment, and adapted housing. If a birth injury has affected your ability to work, a claim can also cover loss of earnings and future financial security.

How are compensation claims calculated?

Each claim is assessed individually, but key factors include:

The severity of the injury: Long-term conditions like cerebral palsy or brain damage typically receive higher settlements.
Ongoing medical & therapy costs: Including physiotherapy, specialist equipment, and care support.
Impact on daily life: Compensation reflects the effect on quality of life, mobility, and employment opportunities.

Serious cases, such as those involving lifelong disabilities, can result in multi-million-pound settlements to cover medical care for life.