Birth Injury & Pregnancy
Negligence Claims

Key advice when claiming for a birth injury

• Birth injuries can affect both the mother and baby, often due to medical negligence during pregnancy or delivery.
• A claim may still be possible - even if years have passed.
• The amount of compensation you can claim depends on the severity of your injury and any financial losses or expenses. Use our compensation calculator to find out how much you could receive.
• Patients are entitled to expect a high standard of care from all medical staff to protect them from harm.
• You can seek compensation if a medical professional's negligence caused you harm.
• Your can claim on a no win, no fee basis.

We can help you get the compensation you need

Birth injuries caused by medical negligence can be traumatic and lead to long-term health, emotional, and financial challenges. If you or your baby were injured at birth, a compensation claim may be possible - even if years have passed.

Compensation can help cover ongoing medical treatment, therapy, and other related expenses, easing the financial burden. It also holds medical professionals accountable and encourages changes to prevent future negligence.

A specialist solicitor will handle your case, exploring your options for No Win, No Fee compensation. They will support you every step of the way, with compassion and a commitment to securing the best outcome for you and your child.

With over 13,000 referred birth injuries a year, you're not alone

13,511 new clinical negligence claims were referred to NHS Resolution in 2022/23 (resolution.nhs.uk).

Birth injury claims can often be complex, and the medical and legal issues involved require specialist expertise.

We understand that the claims process can be stressful. Your solicitor will work sensitively to ensure you and your family are supported every step of the way.

Even if you are claiming for a birth injury that occurred some years ago, the prospect of claiming compensation can be daunting. If you have any questions about the birth injury claims process, please get in touch.

The duty of care to mothers and infants

All health professionals owe a duty of care to their patients.

In your case, this duty may have been breached if:

If the duty of care owed to you or your baby was breached, you should be entitled to make a medical negligence claim.

What can cause a birth injury?

Giving birth will always involve some risks, but medical professionals must still do everything they can to minimise these risks. If these risks are not properly managed, a “clinical error” could result in harm to you or your child.

You may be able to claim compensation if you were injured as the result of a clinical error like:

Birth injuries and the duty of candour

The “duty of candour” is a legal duty that paediatricians, nurses and other hospital staff owe to patients in their care.

This duty requires medical staff to be open and honest with patients when something goes wrong that has caused harm, or could cause harm in the future. This includes psychological harm, but may not include very minor physical injuries.

You should receive a written account and an apology.

The fact that harm occurred is not necessarily proof of negligence. In many cases, all staff will work to the best of their ability and an unexpected or unintended incident could still occur.

If you have any doubts as to whether health professionals failed in their “duty of candour” to you, you could make a formal complaint. Alternatively, you should speak to a specialist solicitor regarding your options.

I was injured during the birth of my child, can I claim?

Yes. If you were injured due to the negligence of a doctor, midwife, nurse, anaesthetist or another health professional, you will likely have grounds to make a compensation claim.

Birth injuries affecting the mother include:

Whatever the circumstances of your injury, if you believe you may have been harmed as the result of birth injury negligence, we can help.

My child was injured, can I claim compensation?

Yes. If a) your child was injured during your pregnancy, or before, during or after the birth, and b) the injury was caused by a medical professional’s negligence, you should be entitled to claim compensation.

Examples of birth injuries affecting an infant include:

The consequences of a birth injury on a child can be severe and can last a lifetime. In some cases, an injured child may require round the clock care, costly physiotherapy or home modifications.

A compensation claim may be the only way to ensure that the child receives the long-term care and support they need, and that this support remains in place in adulthood.

Who makes a claim for a child?

A parent or guardian can claim on behalf of a child, acting as a “litigation friend”. This means that they will make decisions about the case on behalf of the child, based on the advice of the solicitor acting for the child.

Can I claim for a traumatic birth or psychological harm?

Yes. Even if you have not been formally diagnosed, it may be possible to claim for any psychological harm you experienced as a result of a traumatic birth (sometimes called psychological birth trauma or PBT).

Examples of traumatic birth injury claims for psychological harm include claims relating:

Psychological injury claims always require specialist expertise and sensitivity. If you decide to make a claim, your solicitor will discuss your options with you, and they will assist you with every aspect of the claims process.

If you have, or think you may have, suffered a psychological injury as the result of birth negligence, we can help.

Contact us today for more information on 0800 376 1001 or request a callback.

I was injured as an infant, can I still claim compensation?

Injured parents or guardians can make a claim on behalf of their children until the child turns 18 years old.

In most cases, an adult who was injured as a baby then has until they are 21 years old to make a claim themselves.

Serious birth injuries can mean that an injured person may not have been able to make a compensation claim within the legal time limit. In these cases, it may be possible to apply to the courts for an extension to enable a claim to be made.

Whatever the circumstances of your birth injury, if you believe you have been the victim of medical negligence, you should speak to a solicitor about your options.

Should I claim for a birth injury?

Given the seriousness of their injuries, many people affected by medical negligence have no choice but to claim compensation. In the case of birth injuries, if the harm is less severe or short-term, you may decide not to pursue a claim.

If the birth injuries were more serious, or could permanently affect your life or the life of your child, you should speak to a solicitor regarding your options.

In many cases, patients believe that receiving an apology and a full explanation is more important than the financial compensation itself. During the birth injury claims process, your solicitor will work to ensure you get the answers you deserve.

How much compensation can I claim for a birth injury?

The compensation you can claim for a birth injury is based on:

• how serious the injury is,
• the effect of your injury on your daily routine and ability to work,
• any financial losses or costs you have incurred due to your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages is compensation for quantifiable financial losses you've incurred as a result of your birth injury. Compensation can include lost earnings, bonuses and overtime, lost earnings, bonuses and overtime, and any additional expenses directly related to your injury.

These damages will also cover any medical or treatment bills, such as neonatal care, physical therapy and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Birth injury clinical negligence claims

Most birth injury claims involve clinical negligence. Click the icon below to explore the next steps in the claims process.

Medical negligence Other accidents

Sources

• There is a 3-year time limit from the injury date to start your claim.
• Your compensation is based on how serious your injury is, along with your financial losses and expenses. Check our compensation calculator to see how much you could claim.
• Your claim can proceed on a no win, no fee basis.
• Patients are entitled to expect a high standard of care from all medical professionals.
• If you were harmed by negligent medical treatment, you have the right to claim compensation.
  • the treatment you or your child received fell below a professional standard, or,
  • a medical professional acted in a way that a “responsible of doctors” would not have considered acceptable (the Bolam test)
  • Staff failing to monitor or respond to dangerous changes in you or your baby’s health
  • Delays when responding to an emergency, such as an emergency c-section
  • Inadequate or incorrect care during the delivery
  • Incorrect dosage of painkillers or other medication
  • Wrongful administration of anaesthetics
  • Staff failing to recognise and treat an infection
  • Perineal tear-related negligence
  • Anaesthetic errors causing spinal injuries and other harm
  • Bladder injuries and bowel injuries
  • Pre-eclampsia-related issues
  • Caesarean section trauma
  • Post-natal infections
  • PSTD and other psychological harm
  • Cerebral palsy
  • Erb’s palsy
  • Brain injuries resulting from lack of oxygen
  • Injuries to hearing and other senses
  • Broken bones
  • Cuts, bruises and scarring
  • Bonding difficulties
  • Postpartum depression
  • Post-traumatic stress
  • Anxieties about having another child or fear of childbirth
  • Existing psychological issues that have been triggered or made worse by the birth trauma

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.