The birth of a child is an exciting time, but it can also be nerve-racking. You hope that everything goes well with the delivery and thankfully, the vast majority of babies are born healthy and free of medical complications. Sadly, though, this is not always the case, and things can go wrong. This can also include mothers suffering injuries during childbirth.
To make a birth injury claim, there must have been negligence on the part of the medical professionals who treated the mother or child. Whilst doctors, nurses and midwives often meet the high standards expected of them, sometimes they do not. If this causes avoidable harm, a negligence case can potentially be brought.
This is a sensitive topic, but our guide will cover injuries to both babies and mothers at birth and cover the circumstances in which a claim can be brought. We will talk about the time limit in which such a case should be brought and how damages for the injuries suffered are calculated.
Finally, we will explain to you how one of our specialist medical negligence solicitors could help you with a No Win No Fee agreement.
You are welcome to read the guide at your own pace, but if you would like to reach out and speak to an advisor at any point, you can:
- Call us on 0800 652 3087
- Fill in an online contact form
- Interact with the live chat box on screen (it is in the bottom left corner)
Choose A Section
- Can I Claim For A Birth Injury?
- How Could Birth Injuries Lead To A Compensation Claim?
- How To Make A Birth Injury Claim
- Can I Claim For Birth Injury Negligence On My Child’s Behalf?
- What Is The Time Limit When Claiming For Birth Injuries?
- How Much Compensation For A Birth Injury?
- Make A Birth Injury Claim Using A No Win No Fee Solicitor
- More Useful Resources About Medical Negligence Claims
Can I Claim For A Birth Injury?
A medical negligence claim (also known as a clinical negligence claim) can be brought if the eligibility criteria to do so are met. Three elements make up medical negligence claims which are:
- A duty of care is owed to you
- This duty was breached
- The breach caused injury or avoidable harm
As patients, a duty of care is automatically provided to both mother and child. The duty that applies is that the medical professional must meet the minimum accepted standard of medical care. If they fall below this standard, they have likely breached their duty. This breach must also cause injury or harm in some way.
We will cover claiming on behalf of a child injured in a later section, but if you think the above criteria apply to you and you think you were treated negligently, you can reach out to our team for a free case assessment. There is no obligation to go further than an initial conversation.
How Could Birth Injuries Lead To A Compensation Claim?
Where a breach of duty causes an injury, this can lead to birth injury compensation claims. Injuries could be caused by a breach of duty that occurs in the pre-natal phase, the delivery or in post-natal care. This can include GP negligence so, not just negligent treatment in hospital.
Here are some examples that would likely be a breach of duty and could cause a birth injury:
- A doctor incorrectly uses forceps with too much force, and this injures a baby as it is delivered.
- The signs of pre-eclampsia (a serious pregnancy complication) are missed, resulting in injuries to both mother and child. This could apply to other known risks during pregnancy, such as iron deficiency or diabetes. Sufficient antenatal checks should be performed.
- The surgical team forgets to sterilise their equipment before surgery, such as a caesarean section, causing infection.
- An inexperienced midwife does not realise that a baby is in fetal distress.
- The decision to perform a caesarean section is delayed for too long when a baby is in a breech position.
- When giving an epidural, a medical professional fails to explain the risks properly and does not get informed consent. This causes complications, and had the risk been properly explained, the patient would not have opted for the procedure.
- A patient is not asked about allergies. They have a latex allergy, and latex gloves are used during the delivery, causing an allergic reaction.
- A mother is not sufficiently monitored post-delivery, and substantial bleeding is missed, causing complications.
Many other circumstances could constitute medical negligence, but we will move on to look at the injuries that can happen in more detail.
Birth Injuries To Babies
Babies can be injured in various ways during a delivery. If there was a breach of duty that caused this, then a medical negligence claim can potentially be brought. Here are some examples of injuries that newborns may suffer:
Cerebral Palsy
Cerebral Palsy is the name for a group of lifelong conditions that affect movement and coordination. These conditions are caused by a problem with the brain that develops before, during or soon after birth.
Symptoms can include:
- Delay in reaching developmental milestones, e.g. not walking by 18 months
- Seeming too stiff or too floppy
- Weak arms or legs
- Random and uncontrolled movements
- Fidgety, jerky or clumsy movements
- Problems eating
- Vision problems or problems speaking
- Learning difficulties
The severity of these symptoms can vary, with some being only mildly affected and for others, the impact is profound.
Causes of cerebral palsy include:
- Bleeding in the brain
- Reduced oxygen supply to the brain (even if temporary during a difficult delivery)
- Infection
- Meningitis
Erb’s Palsy
Erb’s Palsy is a condition that happens after a difficult birth where a baby’s head or arm has been pulled during the delivery. This may affect the nerves that supply feeling and control the movement of an arm. These nerves are called the brachial plexus.
In the most serious of cases, the nerves are badly damaged, and the child will lose all function in their arm, i.e. the arm becomes paralysed.
This condition can occur if a baby’s shoulder becomes trapped during delivery (shoulder dystocia) and excessive force is used to complete the delivery.
It is possible for many other injuries to be present following a medically negligent childbirth, for example, fractures or other types of nerve damage. Injuries could also occur post-delivery due to substandard medical care.
Birth Injuries To Mothers
Whilst the primary focus of your thoughts might be on the healthy birth of a child, it is possible that a mother is injured during pregnancy. If those treating the mother have been negligent, a claim can be made.
This negligence could occur prior to birth with a failure to monitor the pregnancy correctly. It could be during the delivery or even in the post-natal care. Common injuries can include:
- Perennial tear
- Ruptured uterus
- Post-partum haemorrhage
- Prolapsed uterus
- Retained placenta
- Post-partum depression
If a breach of duty caused these injuries (or any other avoidable harm) this means that those treating you failed to meet the correct minimum standards of care. You are within your rights to explore seeking medical negligence compensation.
Our sensitive advisors are ready to hear your specific circumstances and check your eligibility to make a claim.
How To Make A Birth Injury Claim
A successful birth injury claim will be supported by evidence. This evidence should prove that there was a breach of duty and that this caused an injury. Our expert medical negligence solicitors can assist you with the things you will need, but here are some common items of evidence in birth injury claims:
- GP records
- Hospital records
- Pre-natal scan results
- Operation notes
- Post delivery records
- Witness contact details (in case a statement is needed to support your case)
- A medical report detailing the injuries and giving a prognosis for the future
- Care assessments
- Documents that support financial losses, such as wage slips, receipts or invoices.
To discuss any aspect of making a birth injury claim, you can reach out to an advisor on the details provided.
Can I Claim For Birth Injury Negligence On My Child’s Behalf?
A child (someone under the age of 18) cannot start their claim for medical negligence. They must either wait until they are 18, or a litigation friend can start a claim before this time. A litigation friend is a responsible adult who will make decisions about the case on the child’s behalf. It does not need to be a family member but can be a parent, grandparent, aunt or uncle. The court will approve a litigation friend as part of the proceedings.
In cases of serious injury to a baby during childbirth, the child might lack the mental capacity to bring their claim when they do reach 18. Again, in this circumstance, a litigation friend can bring a claim on their behalf.
What Is The Time Limit When Claiming For Birth Injuries?
Clinical negligence claims must be brought within the correct time limit. In general, this time limit is 3 years and is set out in the Limitation Act 1980. The 3 years runs from the date of the negligence or that date that you reasonably knew (or ought to have known) that negligence occurred.
This time limit does not apply in this way to cases involving children. The 3 year time limit does not start to run until their 18th birthday, meaning that they have until they are 21 to begin their claim.
Where a person lacks the capacity to bring a claim, the time limit is paused until they recover capacity. There is no time limit if capacity is not recovered.
To find out if you are still in time to make a birth injury claim, contact us today.
How Much Compensation For A Birth Injury?
Damages in negligence cases can fall into two categories: general and special damages. General damages are to compensate for the injuries, and special damages relate to financial losses caused by the injuries.
Looking at general damages first, several factors can influence the size of the compensation. These include:
- The severity of the injuries
- Pain levels involved
- How long do the symptoms last
- The prognosis for the future
- Loss of enjoyment of life
It is important to note that general damages cover psychological injuries in addition to physical ones.
Normally, an independent medical report is obtained as part of your case. This will assess the relevant factors of the injuries and give a prognosis moving forwards. A document called the Judicial College Guidelines (JCG) can be used alongside a medical report to calculate the damages for your injuries.
The JCG contains a list of injuries and the suggested compensation bracket that these injuries might attract. They are just guidelines and are not guaranteed figures, but the JCG can be useful when assessing compensation. Here is a table of injuries from the JCG and their corresponding compensation guidelines. Please be aware that the top entry does not come from the JCG.
| Injury | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Multiple Serious Injuries and Financial Expenses | Serious | Up to £25,000,000 plus | Multiple serious injuries that include major financial losses such as care costs and loss of earnings. |
| Brain Injury | Very Severe | £344,150 to £493,000 | Little if any meaningful interaction with the environment |
| Moderately Severe | £267,340 to £344,150 | Very seriously disabled. | |
| Moderate (i) | £183,190 to £267,340 | Severe intellectual deficit | |
| Moderate (ii) | £110,720 to £183,190 | Moderate intellectual deficit | |
| Kidney | Loss of Both Kidneys | £206,730 to £256,780 | Loss of Both Kidneys |
| Reproductive System: Female | Infertility | £140,210 to £207,260 | Infertility, sexual dysfunction, depression and pain. |
| Psychiatric Damage Generally | Severe | £66,920 to £141,240 | Difficulty coping with work and life. Impacts relationships. |
| Shoulder | Severe | £23,430 to £58,610 | Damage to the brachial plexus with serious disability. |
| Serious | £15,580 to £23,430 | Damage to the lower part of the brachial plexus. |
Can I Claim For Financial Losses Caused By Severe Birth Injuries?
Where the injuries suffered cause financial losses, these losses can be included in the claim as items of special damages. In some cases, there will be limited or no special damages, but in other cases, they can form the bulk of the award.
A child that develops a severe brain injury could need ongoing professional care and assistance for their whole life. It could be the case that they are unable to work or that there are home adaptations that are necessary due to the injuries.
A mother could require extensive time away from work and suffer significant loss of earnings. They could require corrective surgery or rehabilitation to fix issues arising from the birth.
Any financial impact that has been caused by the injuries is potentially claimable. Supporting evidence would be required, such as payslips, care reports, invoices and the like. Our expert solicitors have years of experience dealing with birth injury claims and can assist you in making sure all the relevant special damages are claimed in your case.
To learn more about the types of financial loss that could be claimable, why not speak to one of our advisors?
Make A Birth Injury Claim Using A No Win No Fee Solicitor
Our team of solicitors are adept at handling birth injury claims. They have years of dedicated experience with these types of sensitive cases. They can offer legal advice about claiming compensation from NHS and other medical providers. The benefits that they can offer include:
- Securing the evidence needed to give you the best chance of winning your case
- Making sure the rehabilitation needs are met if possible
- Claiming all the relevant special damage items that might apply
- Negotiating with the defendant
- Dealing with all court paperwork and court documents
- Progressing the case in an efficient and timely manner.
If your case is accepted, you could be offered a Conditional Fee Agreement, which is a type of No Win No Fee agreement. This method of funding a solicitor’s services has several benefits that you should be aware of:
- You do not need to pay upfront for any solicitor fees before the case starts
- As the case progresses, you do not need to pay for ongoing solicitor fees
- If the case is unsuccessful, you will not need to pay any of your solicitor fees
In a successful case, there will be a success fee due to your birth injury solicitor. This is deducted from the compensation and is on a percentage basis. The size of the percentage is agreed upon between you and the solicitor before the case begins. There is also a legal maximum size that the percentage can be, and this means that claimants will keep the majority of their compensation.
To find out if you can work with one of our birth injury lawyers, you can:
- Call us on 0800 652 3087
- Fill in an online contact form
- Interact with the live chat box on your screen
More Useful Resources About Medical Negligence Claims
The following are further resources from our site that could be useful for you to consider:
- Learn when you can sue for a misdiagnosis of cancer
- Consider when you can claim for being prescribed the wrong medication
- Get information here about how long an NHS medical negligence claim might take
Here are some external materials for your consideration:
- Read the Nursing and Midwifery Council standards
- Here is the General Medical Council’s guide to good medical practice.
- Consider the NHS Resolutions annual report for 2023/24
Thank you for considering our guide about making a birth injury claim. Why not find out how one of our birth injury solicitors can help you by contacting us today?
