Giving birth should be one of the happiest and most memorable moments of your life. We understand how devastating it is to face the lifelong physical, psychological, and financial consequences of being avoidably harmed because an obstetrician, midwife, or other healthcare provider gave substandard care. In this difficult time, you can be assured that our panel of medical negligence solicitors at Public Interest Lawyers is ready to help you navigate the birth injury claims process and pursue the compensation you and your baby deserve.
Key Takeaways
- Birth injuries can include brain and organ damage, fractures, infections, and tears.
- They may occur before, during, or after a birth, and can affect both the mother and the baby.
- A birth injury can be harmful, distressing, and life-altering, potentially leading to conditions like cerebral palsy.
- Compensation awards depend on the extent of your or your baby’s injuries, the impact on daily life, and any financial losses incurred.
- A medical negligence solicitor from our panel could help you pursue a birth injury compensation claim for yourself or your child on a No Win No Fee basis.
Our friendly advisors are available 24/7, ready to answer any questions you might have and help you determine whether you can pursue a birth injury claim with the compassionate, expert support of a solicitor from our panel. You can get started at any time by using the contact options listed in this guide.
Jump To A Section
- What Are Birth Injury Claims?
- Can Compensation Be Claimed For A Birth Injury To A Child?
- Can Claims Be Made If The Mother Sustained An Injury During Birth?
- What Are The Common Birth Injury Examples?
- How Much Compensation Can Be Claimed For A Birth Injury?
- How Can Birth Injury Compensation Help In The Aftermath?
- £2.2m Payout For A Brain Injury Caused By A Lack Of Oxygen At Birth
- How To Prove Medical Negligence Caused A Birth Injury To Occur
- Is There A Time Limit To Claiming Birth Injury Compensation?
- How Personal Injury Lawyers Can Help With Birth Injury Claims
- Can Birth Injury Compensation Be Claimed On A No Win No Fee Basis?
- Frequently Asked Questions
- More Information
What Are Birth Injury Claims?
Birth injury claims are a form of legal process made when healthcare professionals cause avoidable harm to a mother or child due to substandard medical care given before, during, or after delivery. Such claims may arise from a failure to:
- Adequately monitor the mother and baby: Hospital staff do not regularly check a baby’s blood supply to the brain, resulting in cerebral palsy.
- Properly review medical and birthing history: A doctor fails to manage preeclampsia in a high-risk patient, leading to a natural delivery instead of the necessary C-section. As a result, the mother suffers a stroke.
- Provide required medication: A midwife fails to administer antibiotics as instructed, resulting in life-threatening sepsis.
- Safely use delivery instruments: An obstetrician employs unnecessary force while using a vacuum extractor, resulting in a baby suffering nerve damage and a fractured skull.
If you or your baby were harmed during a negligent birthing procedure, please get in touch today for a free consultation with one of our supportive advisors.
Can Compensation Be Claimed For A Birth Injury To A Child?
Yes, compensation may be claimed for a birth injury to a child if this resulted from a medical professional providing substandard care. However, a parent, guardian, or other eligible person must act as a litigation friend to pursue the claim if the child is under 18 or has limited mental capacity. Anyone may act as a litigation friend as long as they are over 18 and act in the child’s best interests.
Additionally, the following eligibility criteria must be met to make a claim and prove that:
- Your child was owed a duty of care by a healthcare provider. All medical professionals, including doctors and midwives, owe their patients a duty of care. To fulfil this, they must deliver the minimum expected standard of care.
- The medical professional breached their duty of care. If a medical professional’s treatment is substandard, it can constitute a breach of their duty of care. This might involve, for instance, the use of excessive force during delivery.
- This resulted in avoidable birth injuries. If the healthcare professional’s negligent conduct or omission before, during, or after labour resulted in avoidable harm, compensation may be sought. This can include both physical and psychological harm.
If your child sustained a birth injury due to substandard care, discuss this with our advisors today to find out if there are grounds to seek compensation.
Can Claims Be Made If The Mother Sustained An Injury During Birth?
Yes, claims can be made if the mother sustained an injury during birth (e.g., a perineal tear), provided this was caused by substandard care given by a healthcare provider. This means that the mother must prove a medical professional was in breach of their duty of care, resulting in an avoidable birth injury. Payouts can account for pain, suffering, and related financial losses, such as private medical treatments.
If you have been avoidably harmed as a result of negligent care, contact our advisors today to find out if you can pursue a claim.
What Are The Common Birth Injury Examples?
Some of the most common birth injury examples include nerve damage, bone fractures, lacerations, and bruising. While some harm is relatively minor and requires minimal treatment, more severe forms can have a long-lasting impact on health and quality of life.
Below are some examples of birth injuries that babies and mothers may suffer before, during, or after the birthing process.
Injuries To The Baby
- Brain damage and paralysis, which can lead to conditions such as cerebral palsy or Erb’s palsy
- Facial nerve injuries, which may result in temporary or permanent paralysis
- Bone fractures, often affecting the collarbone, limbs, or skull
Injuries To The Mother
- Minor or serious infections, such as sepsis
- Bone fractures, often to the pelvic bone
- Organ failure affecting systems such as the kidneys or bowels
- Reproductive organ damage, preventing future pregnancies
- Perineal tears causing pelvic floor problems or urinary incontinence
If you would like to share the circumstances that led to you or your baby suffering a birth injury, please feel free to reach out to our advisory team. They can also help determine whether there are grounds to pursue a medical negligence claim.
How Much Compensation Can Be Claimed For A Birth Injury?
The amount of compensation you may claim depends on the extent and severity of your or your baby’s birth injury, as well as the long‑term impact on quality of life. Compensation payouts for physical and psychological harm are valued under the head of claim, general damages.
You or your baby may undergo an independent medical assessment to determine the extent of the birth injuries. Alongside this, your solicitor might refer to the compensation guidelines from the Judicial College (JCG) to value your general damages. This publication is an extensive list of harm types, each with associated suggested compensation brackets.
The table below contains several brackets from the JCG, including those related to reproductive harm and brain damage. However, these figures are not guarantees of birth injury compensation, and the top entry is not taken from the document.
| Birth Injury | Severity | Compensation |
|---|---|---|
| Multiple Severe Birth Injuries and Significant Financial Losses | Very Severe: Financial losses may include earnings, rehabilitation, and care | Up to £1 million plus |
| Brain Damage | Very Severe: There may be sensory impairment and limited ability to follow basic commands | £344,150 to £493,000 |
| Brain Damage | Moderately Severe: Claimant is very seriously disabled | £267,340 to £344,150 |
| Paralysis | Paraplegia: Degree of pain and independence will be considered | £267,340 to £346,890 |
| Female Reproductive Harm | (a): Infertility with severe depression and anxiety | £140,210 to £207,260 |
| Female Reproductive Harm | (b): Likely permanent sexual dysfunction | £52,490 to £124,620 |
| Female Reproductive Harm | (f): Delay in diagnosing ectopic pregnancy without fertility being affected | £4,140 to £24,930 |
| Bowels | (b): Natural function totally lost | Up to £183,190 |
| Bladder | (b): Function and control fully lost | Up to £171,680 |
| PTSD | Severe (a): Permanent impacts badly affecting all areas of life | £73,050 to £122,850 |
Our panel of solicitors can value birth injury compensation with care and sensitivity. You can learn more about this and how compensation is calculated by speaking with our advisory team today.
How Can Birth Injury Compensation Help In The Aftermath?
Birth injury compensation can help in the aftermath of negligent care by recovering proven out-of-pocket expenses and providing financial relief to fund private treatments and specialist support in the short and long term.
Under the head of claim for special damages, individuals can be compensated for any costs incurred (or likely to be incurred) arising from a birth injury. Below are some examples of the losses that you or your loved one might be reimbursed for.
Future Lost Earnings
Complications from a birth injury may impact your baby’s ability to work or lead to you experiencing a future loss of earnings. Therefore, special damages can cover both your income losses and the potential lifelong effect on your child’s earning capacity. You will need to retain copies of your payslips to support any claim for income loss.
Care Costs
You may incur care costs for medical support and assistance related to you or your baby’s birth injury. These payments might be for:
- Home nurses to help administer medication and provide treatment
- Carers to help with personal hygiene and domestic duties
- Specialist education if your child requires specific support
Whether you have already paid care costs or you are likely to pay for them in the future, you may be compensated for this.
Medical Expenses
You may incur short or long-term medical costs following a birth injury. Examples of this include payments for:
- Future treatment or surgeries
- Mental health services
- Prescriptions and medication
If you have evidence of these costs, such as medical bills or prescription receipts, you may be reimbursed.
Rehabilitation
You or your child may be required to undergo rehabilitation sessions to help recover or adapt to a new way of living following a birth injury. This may include:
- Physiotherapy to improve strength and mobility
- Occupational therapy to increase independence and adjust to daily life
- Speech therapy for swallowing and communication problems
Any payments made for rehabilitation services can be included in a claim for special damages.
Home Adaptations
Depending on the severity of the birth injury, you may need to pay out of pocket for home adaptations to address accessibility issues. This ensures your home is safe, spacious, and adaptable for someone living with a disability.
Examples of adjustments that may be necessary following a birth injury include:
- Wider door frames
- Bathroom alterations
- Mobility ramps
- Stairlift installations
If you have any bills or payment details for such adaptations, you may be reimbursed for them.
Car Adaptations
You may also be required to make car adaptations to ensure you or your child can safely enter and use the vehicle. These modifications might involve the installation of:
- Wheelchair ramps
- Boot hoists
- Electronic steps
You will want to hold onto any relevant financial documents to verify these costs, particularly invoices and bank statements.
Travel Costs
You may be reimbursed for any travel costs your family has incurred going to or from appointments associated with a birth injury. This may include:
- Payments for public transport, such as bus or train tickets
- Vehicle mileage and fuel costs
- Parking fees at hospitals or clinics
It is worth keeping a record of all receipts and payments, as these costs will need to be supported by documentation.
Miscellaneous Expenses
Special damages can also account for any miscellaneous expenses incurred following a birth injury. These costs might include:
- Payments for medication‑training materials for families
- The purchase of special equipment, such as wheelchairs or assistive technology
As with other losses, these costs can be proven with receipts and bank statements.
Can The Parents Claim For Their Own Financial Losses?
Yes, parents can claim for their own financial losses if they directly resulted from the birth injury their baby suffered because of negligent care. Such losses can be substantial and lifelong, particularly in cases where there is brain damage, paralysis, and the development of conditions like cerebral palsy.
Moreover, parents may experience a loss of income if they have to take time off work following a birth injury or leave their job entirely to become a full-time carer. So, it is important to gather all of the necessary evidence to ensure any settlement fully reflects these costs.
Contact our advisors today for further guidance on special damages and how they might be awarded as a result of a birth injury.
£2.2m Payout For A Brain Injury Caused By A Lack Of Oxygen At Birth
Miss Wells was admitted to hospital when her waters broke. She was having contractions every 10 minutes and noticed from the monitor attached to her that the baby’s heart rate was decreasing with each one. However, the midwife showed no concerns.
By the time a doctor arrived to check on her, the baby’s heart rate had become extremely low. She subsequently underwent an emergency C-section. Upon delivery, the baby was blue, not breathing, and needed to be put on life support. Following this, Miss Wells’ baby was found to have suffered brain damage and was later diagnosed with cerebral palsy.
Miss Wells pursued a birth injury claim on behalf of her child with the support of a solicitor. Her legal representation was able to prove that the midwife had failed to adequately monitor the baby’s heart rate, resulting in avoidable harm. Liability was later acknowledged by the hospital, and a £2.2 million payout was awarded to cover the pain, suffering, and the following financial losses:
- Travel expenses
- Loss of earnings
- Professional care at home and behavioural therapy
- Medical expenses for private treatments, prescriptions, and physiotherapy
- Home adaptations, including the addition of a sensory therapy room
While this case study is only an example*, you can share your family’s situation in complete confidence by contacting our advisory team. They can answer any questions you may have about birth injury claims and are able to provide a free consultation to assess your case.
How To Prove Medical Negligence Caused A Birth Injury To Occur
To prove medical negligence caused a birth injury to occur, you must supply evidence that shows substandard care resulted in unnecessary suffering to you or your baby. This bundle of information demonstrates how the medical professional breached their duty of care, resulting in the birth injury. For instance, you could provide copies of any filed complaints, along with medical records, prescription-related documents, and birth plans.
You can learn more about how to prove a claim by reading our medical negligence evidence guide. Our advisory team can also provide more tailored information about the process and explain how a solicitor from our panel can help you or your loved one gather the evidence needed to support a claim.
Is There A Time Limit To Claiming Birth Injury Compensation?
Yes, there is a time limit to claiming birth injury compensation, typically set at 3 years under the Limitation Act 1980. This period begins on either the date you or your baby suffered unnecessarily, or the date you received knowledge of the medical negligence.
Learn more in our time limit guide and ask our advisors any questions you have about this aspect of the claims process.
How Personal Injury Lawyers Can Help With Birth Injury Claims
Personal injury lawyers can help with birth injury claims as they have the specialist legal skills and knowledge to navigate their way through the claims process. So, it may be useful to seek legal support from our expert panel of medical negligence solicitors when pursuing a claim.
They have undergone extensive legal training and accumulated decades worth of combined experience, supporting people just like you. So, throughout your claim, they can:
- Utilise their legal skills, knowledge and experience
- Assist you in gathering evidence to build your claim
- Accurately value your compensation payout
- Set up an independent medical assessment
- Offer transparent, accessible No Win No Fee support
- Assist you in applying for interim payments
Contact our helpful advisors today to learn more about the benefits of pursuing a birth injury claim with Public Interest Lawyers.
Can Birth Injury Compensation Be Claimed On A No Win No Fee Basis?
Yes, birth injury compensation can be claimed on a No Win No Fee basis if you pursue your claim with our panel of solicitors here at Public Interest Lawyers. They recognise that the profound strain that birth injuries have on families is often compounded when they lead to financial insecurity. As such, they offer their services under a Conditional Fee Agreement (CFA)
When clients sign this agreement, it ensures that their legal representative will not charge a service fee at the following stages of a medical negligence claim:
- Before the process begins
- Throughout the claim
- If compensation is not secured
Our panel of solicitors charge a small success fee when claims win, which is deducted as a legally capped percentage of the medical negligence compensation. This cap is agreed upon before the claims process begins and ensures the largest share stays with clients.
Contact Our Advisors
Contact our advisors today for 24/7 help and get more information regarding the birth injury claims process by:
- Calling our advisors on 0800 408 7825 for a free consultation regarding your eligibility to pursue a claim.
- Filling out our contact form.
- Sending them your questions on a free, private, and secure live chat for quick and informative answers.
Our lines are available 24/7.
Frequently Asked Questions
Here are answers to our frequently asked questions regarding birth injury claims.
What Is The Most Common Birth Injury Claimed For?
Cerebral palsy is the most common birth injury that is claimed for. This is a form of brain damage typically caused by a premature birth, a lack of oxygen, infections, or bleeding in the brain during birth.
How Long Can Birth Injury Claims Take To Settle?
The time it takes to settle birth injury claims varies by case and may depend on the evidence needed to establish liability and whether disputes arise that require negotiation of compensation settlements.
Will I Need To Go To Court For Birth Injury Compensation?
You will most likely not go to court for birth injury compensation, as most claims are settled through negotiations before ever reaching this stage.
Are Birth Injury Claims Against The NHS Unethical?
No, birth injury claims against the NHS are not unethical. You have a legal right to pursue a claim against the NHS for harm caused by substandard care.
How Will A Child Be Paid Their Birth Injury Compensation?
A child will be paid their birth injury compensation from the Court Funds Office (CFO) when they turn 18, but requests can be made to access funds before this date.
Is Medical Negligence Compensation Taxable?
No, medical negligence compensation is generally not taxable, including for income and Capital Gains Tax (CGT). However, accrued interest may be taxed.
Will A Birth Injury Payout Impact Future Rights To Benefits?
A birth injury payout may impact future rights to means-tested benefits, as compensation can push assets above certain thresholds. Our advisors are here if you have questions about this.
More Information
The guides below contain more information about medical negligence claims.
- A guide explaining gynaecology negligence
- Learn how to claim prescription error compensation
- Information about how negligence payouts are calculated in claims against the NHS
- Information about labour and birth, NHS.UK
- Access an emergency care centre, NHS.UK
- Learn about good medical practice, GMC.UK.ORG
Thank you for reading our guide to the birth injury claims process, including our *illustrative case study.