Call us FREE on 0151 375 9916
Helpline Open 24 Hours A Day

£85 million in compensation

Won for our clients by JF Law Solicitors

Birth Injury Claims

In this guide, you can learn more about making a birth injury claim with our No Win No Fee solicitors.

Excellent
four and a half stars TrustPilot score
TrustPilot Reviews Logo

£85 million in compensation

Won for our clients by JF Law Solicitors

Birth Injury Claims

In this guide, you can learn more about making a birth injury claim with our No Win No Fee solicitors.

Excellent
four and a half stars TrustPilot score
TrustPilot Reviews Logo

As an expectant parent, the last thing you are thinking about is a new mother or baby suffering a birth injury. However, whilst the maternity services are generally good, there are cases of negligent maternity care. If you or your baby suffered a birth injury due to poor medical care, you may be due compensation. Our guide looks at how to make a successful birth injury claim.

Firstly, we look at what criteria your claim will need to meet. Subsequently, we look at just some of the examples of when and how mothers or babies could be harmed. Following this, our guide looks at how to make a claim and how long you have to do so. We then look at how compensation may be calculated. Finally, we look at how a No Win No Fee solicitor could help you.

Please get in touch with our team to make a birth injury medical negligence claim.

  • You can call our team on 0151 375 9916 to learn more about birth injury claims.
  • Contact us to request a call back from our team.

What Is A Birth Injury Claim?

A birth injury claim is a type of medical negligence claim. It is a way to make a compensation claim if you believe that you have been harmed by a medical professional.

Medical negligence is said to have occurred where a medical professional breaches their duty of care causing a patient unnecessary or avoidable harm. This includes circumstances in which either a mother or baby suffer a birth injury.

When you are under the care of a medical or healthcare professional they owe you a duty of care. They must provide you with the right medical care and ensure that they meet minimum professional standards.

If the care they provide does not meet relevant standards and you experience avoidable harm, you could make a birth injury compensation claim.

To make a successful birth injury claim, you must meet the following criteria.

  1. You were owed a duty of care. You may have been being treated at a maternity ward, A&E department or by your community midwife.
  2. A healthcare professional has breached their duty of care. For example, medical staff may have failed to properly monitor the baby during delivery.
  3. That you (or your baby) sustained unnecessary or avoidable harm as a result of this. In this instance, the baby may suffer a brain injury.

Please get in touch with our team if you or your child suffered a birth injury caused by a healthcare professional. One of our medical negligence solicitors could help your birth injury claim.

Established, Experienced, Dependable, Responsive and Committed

Providing a quality service means everything to us. Our only interest is getting you a result that you’re happy with.

What Birth Injuries Could Lead To A Claim?

Birth injuries could affect mothers or babies in a variety of different ways. In some circumstances, both mother and baby could suffer a birth injury in the same incident. Below, we look at just some of the ways in which either could be harmed by medical or clinical negligence.

Birth Injuries To Babies

Birth injuries to babies could involve circumstances such as GP negligence or a traumatic birth. Examples of how birth injury to a baby may be caused include:

  • Epilepsy – A lack of oxygen to the baby during a traumatic birth could lead to a brain injury and the development of epilepsy. Medical negligence may have occurred if medical staff failed to properly monitor the baby during delivery and missed the signs of foetal distress.
  • Cerebral palsy – A lack of oxygen to the baby due to a lack of monitoring could also result in cerebral palsy. This condition may also be caused by a serious head injury, such as that caused by the excessive use of forceps.
  • Medication error – The foetus may be harmed if the mother is given either the wrong medication or too high a dose of medication due to a medication error.
  • Erbs palsy – This is a temporary or permanent condition causing paralysis of the arm. It could be caused by medical staff using excessive force during delivery.

If your baby has been impacted by any of these conditions, or the misdiagnosis of them (such as epilepsy misdiagnosis) please contact our team.

Birth Injuries To Mothers

Mothers may also sustain harm due to birth trauma in a variety of different ways. Mothers may experience birth injuries during pregnancy, delivery or during subsequent aftercare.

  • Pre-eclampsia – This is a potentially serious condition which could affect both the mother and baby. It involves high blood pressure, reduced blood flow to the placenta and protein in the urine. If undiagnosed and treated, it could result in complications such as convulsions or a stroke.
  • Tears – Vaginal or perineal tears may naturally occur during delivery. According to the Royal College of Gynaecologists and Obstetricians, serious tears may occur in six in ten women giving birth for the first time. Examples of where they may be caused by negligence could be where medical staff should have carried out an episiotomy but did not. Tears may result in life-long complications for the mother, such as bladder and bowel problems.

Please contact our team to learn more about making a misdiagnosis claim or any other type of birth injury claim.

How Do I Claim Birth Injury Compensation?

For any type of medical negligence claim to be successful, you will need to show that the claim meets the eligibility criteria detailed earlier in this guide.

You will need to supply evidence which clearly shows that either you or your baby were harmed and that medical negligence has occurred. Your solicitor may ask that you undergo a medical assessment with an independent medical advisor. During this assessment, the medical professional will examine your injuries. They will subsequently produce a report which may be used as evidence of your birth injuries.

Further types of evidence you may submit may include:

  • Your medical records, such as your GP health record and other personal health records. These may show what harm you or your baby suffered. They may also help to show how medical professionals failed to meet professional standards.
  • Correspondence between yourself and the hospital or medical staff responsible for your maternity care. 

If you make a successful birth injury claim you may be compensated for your injury and financial losses. You must provide evidence of any financial losses you intend to claim for. Evidence which may be submitted includes:

  • A copy of your bank statement.
  • Copies of wage slips or salary details showing any impact on this.
  • Invoices for medical treatment or care costs.

Get in contact with our team today for an evaluation of your birth injury claim.

We pride ourselves
on providing the best service
possible for our clients.

We pride ourselves on providing the best service possible for our clients.

How Long Do I Have To Make A Birth Injury Claim?

When making any type of medical negligence claim, you need to be aware of the time limit in which the claim could be made. The first thing we should note is that the time limit applicable to the claim will differ depending on whether the mother or baby was harmed.

In instances where the mother was harmed, the time limit is three years. This may be taken either from the date on which medical negligence occurred, or the date on which the harm was discovered or connected to substandard care(if later).

Where a child has been harmed, the time limit will differ. Minors (those under the age of eighteen) are not able to bring a claim on their own behalf. As such, in these cases the three year time limit will not begin until they are eighteen. It will run between their eighteenth and twenty-first birthdays.

These time limits are set out in the Limitation Act 1980. Next, we will look at whether you can claim on behalf of a child.

Can I Claim On My Child’s Behalf For A Birth Injury?

As discussed above, if your child was harmed due poor maternity care they will not be able to make a claim on their own behalf until they turn eighteen. During this time they may still require medical treatment or care which may need to be paid for.

Whilst the time limit is not in effect a suitable adult, such as a parent, guardian or even solicitor, may act on their behalf in the case. To do so, they will need to apply to be a litigation friend. This person will be appointed by the courts to act in the best interests of the child.

Please contact our team today to find out if you could act as litigation friend for a child who has suffered a birth injury or to make a claim on your own behalf. One of our experienced medical negligence lawyers could help you.

What Birth Injury Compensation Could I Receive From A Claim?

If you are awarded compensation for a birth injury, the settlement may be made up of two parts, special and general damages. 

General damages compensate for the pain and suffering experienced. When calculating general damages, your solicitor and other parties involved in the claim may take factors such as your medical records, information from a medical assessment (if carried out) and guidelines published by the Judicial College (JCG).

The JCG contains a list of different types of harm with guideline amounts of compensation which may be awarded. We’ve used a few entries in our table below. These figures should only be seen as a guideline and it should be noted that the first figure does not come from the JCG. This has been added to include special damages.

HarmSeverityNotesCompensation Guideline
Multiple types of severe birth injuries.Serious up to severe.Multiple and severe forms of harm where special damages are also awarded.Up to £25,000,000+ where special damages have been awarded.
Brain damage causing harmA – Very severeThe person may be able to follow some basic instructions.£344,150 to £493,000
Brain damage causing harmB – Moderately severeSerious disability and risk of developing further medical problems in the future.£267,340 to £344,150
(Female) Reproductive systemA – InfertilityWhere there is also depression and sexual dysfunction.£140,210 to £207,260
(Female) Reproductive systemB – Sexual dysfunctionLikely permanent in a woman who has children or who would not have had children.£52,490 to £124,260
(Female) Reproductive systemC – InfertilityInfertility but where there are no aggravating factors.£68,440 to £87,070
(Female) Reproductive systemD – InfertilityNo medical complications or sexual dysfunction.£21,920 to £44,840
Harm to the neckA – (ii) SevereSuch as serious fractures to the neck or cervical spine damage.£80,240 to £159,770
Harm to the neckB – (i) ModerateFracture or dislocation causing immediate and severe symptoms.£30,500 to £46,970
Harm to the shoulderB – SeriousSuch as a dislocated shoulder.£15,580 to £23,430

Can I Claim For The Long Term Impact Of A Birth Injury?

As highlighted above, successful birth injury compensation claims may be awarded two types of damages. The second of these is special damages. This part of your compensation award is designed to compensate for the financial impact caused by the birth injury.

You could claim compensation for:

  • The cost of medical care which you or your child needed. This may include hospital care, long-term treatment and medication.
  • The cost of care, either in the home or in a care facility. Your child or you may need specialist care as a result of your injuries.
  • Income or earnings which have been lost due to taking time off either to care for your child or to recover from your injuries.
  • The cost of making adaptations to your vehicle or home to cope with any long-term care or disability requirements.

This is not an exhaustive list of how special damages could compensate you. When you discuss your case with a solicitor they could fully assess any costs or losses related to the birth injury. As previously outlined, you must provide evidence of these losses.

Please get in touch with our expert team today. One of our birth injury solicitors could evaluate your case.

Birth injury solicitors help a claimant to make a sucessful birth injury claim.

Claim For Birth Injury Negligence On A No Win No Fee Basis

If, after reading this guide, you think you have grounds to make a birth injury claim, one of our experienced medical negligence solicitors could help you.

If you choose to work with one of our solicitors they could provide a range of different benefits, including:

  • Explaining difficult and complex medical or legal terminology and jargon,
  • Helping you to collect medical and other evidence which could support your case.
  • Helping to build the strongest possible case.

A common concern when deciding whether to take legal action is the potential cost of doing so. At JF Law, one of our solicitors could help you claim by using a Conditional Fee Agreement (CFA). This is a way to claim on a No Win No Fee basis.

Under a CFA, a No Win No Fee solicitor will be able to work on your case without the need for you to pay for their work until the conclusion of the case. If you aren’t awarded compensation, there is nothing to pay for their work.

If your birth injury compensation claim is successful, you will need to pay a success fee to the solicitor. The fee is a set percentage. It is detailed in the CFA and the maximum chargeable percentage is limited by law.

To find out if a No Win No Fee solicitor could help you,

More Useful Resources About How To Claim For Medical Negligence

In this final part of our guide to birth injury claims we include additional and related guides.

Further reading on maternity services and birth injuries.

 

We hope our guide to making a birth injury claim has helped you. Please get in touch with our team to learn more about claiming for medical negligence.

Our Latest Customer Reviews

View our latest reviews from our clients on Trustpilot
Excellent
TrustPilot 5 stars image
Based on 493 reviews
Large TrustPilot Logo
Excellent
TrustPilot 5 stars image
Based on 493 reviews
Large TrustPilot Logo

AS SEEN ON

Contact Us

Our helpline is open 24 hours a day, 7 days per week.

All calls are free and there’s no pressure whatsoever to proceed with a compensation claim. 

If you write to us, we aim to respond within an hour or two, and no more than a few hours. 

Request a Callback