Speak to our experienced birth injury solicitors today for clear, supportive advice on your potential No Win No Fee claim. Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book your free initial consultation.
If you or your baby has suffered harm during pregnancy, labour or childbirth, our birth injury solicitors can help you understand whether you may be entitled to claim compensation.
Birth injuries can have serious and long-lasting consequences for children, parents and wider family life. Seeking specialist advice at an early stage can help you get answers about what happened and what support may be available.
At Elite Law Solicitors, we support families affected by medical negligence during maternity care. Our team can advise on birth injury claims involving poor monitoring, delayed treatment, delivery errors, avoidable trauma or failures to respond to complications.
We appreciate that making a birth injury compensation claim can feel daunting, especially after a traumatic experience. We will explain the clinical negligence process clearly, assess the strength of your claim and guide you through each stage with sensitivity and care.
If you are considering a birth injury claim, please contact us today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form. A specialist birth injury solicitor will be in touch to discuss your circumstances in confidence.
What does Birth Injury Medical Negligence mean?
Birth injury medical negligence means that a mother or baby suffered avoidable harm because the care provided during pregnancy, labour, delivery or postnatal treatment fell below an acceptable standard.
Not every difficult birth will lead to a successful claim. A birth injury claim usually depends on whether a healthcare professional made an avoidable mistake and whether that mistake caused injury or loss.
How our Birth Injury Solicitors can help with your claim
If you are considering a medical negligence claim against a hospital, NHS Trust or healthcare professional, speaking to specialist birth injury solicitors is an important first step.
Our team can guide you through the birth injury claims process with clear, practical advice. This may include:
- Reviewing what happened: We will carefully consider the circumstances of the birth injury claim, including events during pregnancy, labour, delivery or postnatal care.
- Assessing the prospects of success: We will advise whether there may be reasonable grounds to bring a claim and explain the legal issues involved.
- Gathering key evidence: Where appropriate, we can help obtain medical records, witness statements and expert medical opinion.
- Investigating negligence and causation: The evidence will be used to assess whether the care provided fell below an acceptable standard and whether this caused avoidable harm.
- Preparing a Letter of Claim: If the claim proceeds, a formal Letter of Claim may be sent to the defendant setting out the allegations of clinical negligence and the impact of the birth injury.
- Negotiating compensation: Many birth injury compensation claims are resolved through negotiation, without the need for a final court hearing.
- Supporting you if court proceedings are needed: If court proceedings are required, our solicitors will guide you through the process and work to secure the best possible outcome for you and your family.
Because birth injury cases can be complex, it is important to have clear advice from solicitors who understand both the legal and medical issues involved. Our specialist birth injury solicitors will handle your claim with care, sensitivity and attention to detail.
Simply call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book your initial consultation.
Who can make a Birth Injury Claim?
You may be able to make a birth injury claim if you suffered harm during pregnancy, labour, delivery or the period shortly after childbirth and believe this was caused by medical negligence.
Common examples include avoidable injuries to the mother, serious infections, complications that were not managed properly or trauma caused by poor maternity care.
Parents can also bring a birth injury compensation claim on behalf of a child. This may include claims involving short-term injuries, life-changing conditions, brain injuries, oxygen deprivation or other harm caused by negligent medical treatment.
In some cases, both the mother and baby may have separate birth injury claims arising from the same labour or delivery. Our specialist birth injury solicitors can review what happened and advise who may be entitled to claim compensation.
Common types of Birth Injury Claims
Birth injury claims can involve harm caused to the mother, the baby or both during pregnancy, labour, delivery or postnatal care. These injuries may result from medical negligence, poor maternity care or a failure to respond properly to complications.
Birth Injury Claims for Mothers
Mothers may be able to bring a birth injury compensation claim where avoidable harm was caused by negligent maternity care. Examples of injuries and complications may include:
- Maternal infection
- Haemorrhage
- Perineal tears
- Fissures
- Incorrect suturing
- Failure to manage pre-eclampsia
- Prolapse
Birth Injury Claims for Babies and Children
Birth injury claims for babies and children may arise where negligent care causes avoidable trauma, injury or a serious long-term condition. These claims can help secure compensation for treatment, care, therapy, equipment and future support needs.
- Stillbirth
- Broken bones
- Cerebral Palsy
- Erb’s Palsy
- Birth asphyxia or hypoxia
- Epilepsy
- Jaundice
- Meningitis
- Birth trauma
How do you prove a Birth Injury Claim?
To prove a birth injury claim, it is not enough to show that the outcome was poor or that the birth was traumatic. The legal test usually requires evidence that the care provided fell below the standard expected of a reasonably competent healthcare professional and that this failure caused avoidable harm.
In clinical negligence claims, this usually means proving two key issues:
- Breach of duty: This means showing that the doctor, midwife, obstetrician, hospital or NHS Trust failed to provide care to an acceptable professional standard.
- Causation: This means showing that the negligent care caused, or materially contributed to, the injury suffered by the mother or baby.
A specialist birth injury solicitor will usually investigate the claim by reviewing the evidence in detail. This may include:
- Maternity and neonatal records: These help establish what happened during pregnancy, labour, delivery and postnatal care.
- CTG traces, scans and test results: These can help assess whether warning signs, such as foetal distress or infection, were recognised and acted upon appropriately.
- Hospital investigation documents: Internal reviews or incident reports may provide useful background, although independent expert evidence is often still required.
- Witness evidence: Parents, birth partners or family members may be able to provide important details about what happened and what was said at the time.
- Independent medical expert reports: Expert evidence may be needed from obstetricians, midwives, neonatologists, paediatric neurologists or other specialists, depending on the issues involved.
Medical experts may be asked to consider whether there was a delay in recognising foetal distress, whether a caesarean section should have been performed earlier, whether infection or pre-eclampsia was managed properly, or whether neonatal treatment after birth was appropriate.
If negligence is established, further evidence may be needed to value the birth injury compensation claim. This can include reports from care experts, therapists, educational psychologists, accommodation experts and financial experts, particularly where the child has long-term needs.
This detailed evidence helps show what support is needed now, what may be required in the future and how the birth injury has affected the child, the mother and wider family life.
When should you speak to a Birth Injury Solicitor?
You should consider speaking to a birth injury solicitor if you have concerns about the care you or your baby received before, during or after childbirth. Early advice can help you understand whether further investigation is needed.
This may be particularly important where there were delays in treatment, concerns about foetal distress, problems with monitoring, unexplained injuries, a traumatic delivery or a later diagnosis linked to birth trauma.
Can you claim against the NHS for a Birth Injury?
Many birth injury compensation claims are brought against NHS Trusts where negligent maternity care was provided in an NHS hospital. Claims may also arise from private maternity care or treatment provided by individual healthcare professionals.
Making a claim against the NHS does not mean you are complaining about every member of staff involved in the birth. The purpose of the claim is to investigate whether avoidable mistakes were made and to secure compensation where negligence caused harm.
General background information regarding claims against the NHS can be found at NHS Resolution, including the requirement for evidencing both breach of duty and causation. In birth injury claims, this means showing that the care provided fell below an acceptable professional standard and that this caused, or materially contributed to, avoidable harm.
Because these claims often involve detailed maternity records, neonatal records and expert medical evidence, it is important to seek advice from a specialist birth injury solicitor as early as possible.
Birth Injury Claim time limits
There are strict time limits for making a birth injury claim, so it is important to seek legal advice as soon as possible. The relevant deadline will depend on whether the claim is being made by the mother, by parents on behalf of a child, or following the death of a baby.
For children who have suffered a birth injury, parents can usually bring a compensation claim at any time before the child turns 18. Once the child reaches 18, they may usually have until their 21st birthday to start a claim themselves.
Different rules may apply if the child lacks mental capacity. For example, where a person has severe learning difficulties or brain damage and cannot make decisions about a legal claim, the usual three-year limitation period may not apply.
If a baby sadly died as a result of a birth injury, including stillbirth, there is usually a three-year time limit from the date of death. A three-year time limit also usually applies where the person who gave birth is making a medical negligence claim for their own injuries.
Birth injury compensation claims can take time to investigate properly. Conditions such as brain damage or cerebral palsy may not be fully understood immediately after birth, so future care needs, treatment and support should be carefully assessed before the claim is valued.
Speaking to experienced birth injury solicitors can help you understand the relevant time limit and when it may be best to start your claim.
How much compensation could you receive for a Birth Injury Claim?
The amount of compensation available in a birth injury claim depends on the nature and severity of the injury, the long-term impact and the level of care, treatment and support required.
Every case is assessed individually. A claim involving a temporary injury may be valued very differently from a claim involving a lifelong condition where a child needs ongoing care, therapy and specialist support.
For children with serious birth injuries or disabilities, compensation may include the cost of:
- Occupational therapy
- Home adaptations
- Around-the-clock care
- Physiotherapy
- Specialist education
- Mobility equipment
- Transportation
- Speech therapy
In more complex birth injury compensation claims, the value of the claim can be significant. This is because compensation may need to reflect lifelong care, medical treatment, specialist equipment, adapted accommodation and future support needs.
Interim payments may be available in some cases before the final settlement is reached. These early payments can help fund urgent care, rehabilitation, therapy or equipment while the birth injury claim is ongoing.
Where the mother has suffered a birth injury, compensation may also include pain and suffering, loss of earnings, loss of pension contributions, rehabilitation costs and any future treatment or care needs.
No Win No Fee Birth Injury Solicitors
Our specialist birth injury solicitors may be able to handle your claim on a No Win No Fee basis. This means you may not need to pay upfront legal fees to start your birth injury compensation claim.
We will explain the funding options clearly at the outset, including any deductions that may apply if your claim is successful. Our aim is to make the process as straightforward and transparent as possible for you and your family.
In many cases, this type of funding is arranged through a Conditional Fee Agreement. If the claim is unsuccessful, you will usually not have to pay your solicitor’s legal fees, provided the terms of the agreement are met.
If your birth injury claim is successful, a success fee may be deducted from your compensation. We will explain this clearly before you decide whether to proceed, so you understand how your claim will be funded and what costs may apply.
No Win No Fee funding can make it easier for families to access specialist legal advice without the pressure of paying legal fees at the beginning of the claim.
Treatment, Rehabilitation and Support after a Birth Injury
Treatment and rehabilitation can be vital for children who have suffered a birth injury. As part of the compensation process, your child’s needs may be assessed by independent medical experts so that the claim reflects the support they require now and in the future.
Where appropriate, interim payments may help your child access rehabilitation, therapy, specialist equipment or care before the claim settles. A successful birth injury claim can also include future treatment, ongoing support and long-term care needs as your child grows.
Rehabilitation may involve input from a range of professionals, such as physiotherapists, occupational therapists, speech and language therapists, psychologists, case managers and specialist medical consultants.
For children with serious birth injuries, early access to the right support can make a meaningful difference. This may include therapy, mobility aids, communication support, specialist education, adapted housing or professional care at home.
As part of a birth injury compensation claim, expert evidence can be used to assess both current and future needs. This helps ensure any settlement reflects the likely cost of care, treatment, equipment and support over the child’s lifetime.
We will work with medical and care experts where appropriate to build a clear picture of what support is needed. Our aim is to help secure compensation that supports your child’s quality of life and gives your family greater long-term security.
Speak to Our Specialist Birth Injury Solicitors
If you are considering a medical negligence claim following a birth injury, it is important to speak to appropriately qualified and experienced clinical negligence solicitors. Birth injury claims can involve complex medical evidence, strict time limits and careful assessment of long-term care needs.
Dino Enahoro is an experienced Solicitor and Head of our Clinical Negligence Department. He advises clients on complex medical negligence claims, including serious birth injury claims involving children, mothers and families affected by avoidable harm.
Dino regularly provides specialist legal advice on medical negligence matters to clients nationwide. His experience includes cases involving serious injury, delayed diagnosis, negligent treatment and the long-term impact of avoidable medical harm.
This legal and medical insight is particularly important in birth injury compensation claims, where expert evidence may be needed from obstetricians, midwives, neonatologists, paediatric neurologists, care experts and other specialists.
Book your Initial Consultation Today
To speak to member of our clinical negligence team, please call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
By instructing our specialist birth injury solicitors, you can receive clear advice on the merits of your claim, the evidence required, funding options and the steps involved in pursuing compensation for your family.
As part of our wider clinical negligence expertise, we also advise on related claims involving brain injuries, cerebral palsy, eye injuries, cancer misdiagnosis, sepsis negligence, general medical negligence and wrongful birth claims.
Frequently Asked Questions about Birth Injury Claims
Do I need medical records before contacting a birth injury solicitor?
No. You do not usually need to obtain medical records before speaking to a solicitor. If your enquiry is taken forward, your solicitor can help request and review the relevant maternity, neonatal and hospital records as part of the investigation.
Can I make a birth injury claim if I am not sure what went wrong?
Yes. Many families contact a solicitor because they have concerns or unanswered questions rather than certainty that negligence occurred. A specialist solicitor can review the circumstances and advise whether the matter should be investigated further.
Will I have to go to court for a birth injury compensation claim?
Not necessarily. Many birth injury compensation claims are resolved through negotiation before a final court hearing is needed. However, court proceedings may be required in some cases, particularly where liability or the value of the claim is disputed.
Can compensation pay for private treatment or therapy?
Yes, compensation may include the cost of private treatment, therapy, rehabilitation, specialist equipment and care where these needs are linked to the birth injury. In serious cases, the claim may also include future support over many years.
What is the difference between a complaint and a birth injury claim?
A complaint is usually used to ask a hospital or healthcare provider to explain what happened and respond to concerns about care. A birth injury claim is a legal process used to seek compensation where negligent treatment caused avoidable harm.
Can I still complain to the hospital if I bring a claim?
Yes. A hospital complaint and a legal claim are separate processes. Some families make a complaint first to obtain answers, while others seek legal advice straight away. A solicitor can explain how the two processes may interact.
What evidence is needed in a birth injury claim?
Evidence may include maternity records, neonatal records, scans, CTG traces, witness evidence from parents or family members, and expert medical reports. In serious cases, evidence from care, rehabilitation, accommodation and financial experts may also be needed.
What if an NHS investigation has already taken place?
An NHS investigation can be helpful, but it does not replace independent legal advice. A solicitor can review any investigation report, consider whether further expert evidence is needed and advise whether the findings support a possible claim.
Can a birth injury claim help with future care planning?
Yes. In serious cases, one of the main purposes of a claim is to secure funding for future care, therapy, equipment, education support and adapted accommodation. This can help families plan more confidently for long-term needs.
How long does a birth injury claim take?
The timescale depends on the complexity of the case, whether negligence is admitted and how easy it is to assess the long-term impact of the injury. Serious birth injury claims can take longer because future care and medical needs must be considered carefully.
Can I change solicitors during a birth injury claim?
Yes, it may be possible to change solicitors if you are unhappy with the advice or service you are receiving. A new solicitor can review the file and advise whether they are able to take over the claim.
Is there a charge for an initial birth injury claim assessment?
Many specialist birth injury solicitors offer an initial discussion without charge. This allows you to explain what happened, ask questions and understand whether your potential claim should be investigated further.
