As a mother, you should trust that the medical care you and your baby receive during pregnancy, labour, and childbirth is of the correct standard. But, if the medical care given ever falls below the acceptable standard, this can have devastating and life-changing consequences for both you and your baby. If this has happened to you, you could be entitled to claim birth injury compensation today.
What You Need To Know About Birth Injury Claims
- When you and your baby are receiving medical care, every medical professional that treats you owes both of you a duty of care.
- Birth injury compensation can cover how both you and your baby have suffered physically, emotionally, and financially.
- You can make a birth injury claim on behalf of your child up until their 18th birthday.
- All of our specialist solicitors work with their clients on a No Win No Fee basis.
- You can connect with one of our solicitors for free if you’re eligible to claim birth injury compensation.
We understand that this must be an extremely difficult time for you, which is why we want to help. While no amount of money can fix what’s already been done, you and your child shouldn’t have to suffer, and we can fight to get the financial justice you both deserve.
It is easy to find out whether you can begin a birth injury claim today. Simply contact us using one of our free options below, and have a quick chat with our team about your circumstances. If you’re eligible for birth injury compensation, we can then connect you with one of our specialist solicitors:
- Call 0800 073 8804.
- Fill out our Contact Us form.
- Send a message into our live on-screen chat box.
Jump To A Section
- What Is A Birth Injury?
- Can I Make A Birth Injury Compensation Claim On Behalf Of My Child?
- What Compensation Could Be Awarded In Birth Injury Claims?
- What Can Birth Injury Compensation Cover?
- Birth Injury To Mother Compensation Claims
- The Most Common Examples Of How Birth Injuries Are Caused
- How To Make A Birth Injury Compensation Claim
- Can Birth Injury Claims Be Made On A No Win No Fee Basis?
- More Information
What Is A Birth Injury?
A birth injury is when the mother or the baby sustains an injury before, during, or soon after birth. Birth injuries can range from mild and short-term to severe and permanent.
Here are examples of some of the most common birth injuries that the baby could potentially sustain either before, during, or soon after birth:
Cerebral Palsy
Cerebral palsy is a group of lifelong conditions that affect posture, movement, and coordination. It is caused by damage to the developing brain.
Erb’s Palsy
Erb’s palsy is a condition that causes weakness or paralysis of the baby’s arms due to damage to the brachial plexus nerves.
Brain Injuries
Brain injuries to babies can result in various types of conditions and brain damage. It is usually caused by either trauma to the head or an interruption of blood flow and oxygen to the brain.
Broken Bones
Childbirth-related broken bone injuries are skeletal fractures that can happen to any bone of the baby’s body during the delivery process.
Stillbirth
Stillbirth is the birth of a baby that has passed away either in the womb or during delivery, after surviving at least the first 28 weeks of pregnancy.
There are many other different types of birth injuries outside of this list. You can claim compensation for any type of birth injury that has resulted from negligent medical care. Continue reading our guide to learn when you may have a valid claim. You can also contact our advisors to discuss your case.
Can I Make A Birth Injury Compensation Claim On Behalf Of My Child?
Yes, since birth injuries can happen to infants and mothers, you can make a birth injury compensation claim on behalf of your child as well as for yourself. The following eligibility criteria just needs to be met:
- You and your baby were owed a duty of care while you were receiving medical treatment – All medical professionals, including midwives, owe a duty of care to every patient they treat.
- This duty of care was breached because substandard care was given – To abide by their duty of care, medical professionals must always deliver the correct standard of care. As such, a breach of duty of care can happen if a medical professional delivers care that does not meet the required minimum standard.
- As a result of the breach, you or your baby sustained avoidable harm.
If you are making a birth injury claim on behalf of your child though, you must be aware of the claims time limit and its limitations.
Since children cannot make their own claim, you have until your child’s 18th birthday to begin a birth injury claim on their behalf. In this instance, you would act as a litigation friend.
However, if you do not begin a claim before your child’s 18th birthday, then they will have 3 years from the date of their 18th birthday to make their own claim.
If you believe you meet the above eligibility criteria, please contact us today about making a birth injury claim either for yourself or on behalf of your child. Our team can confirm your claim eligibility over the phone, and can give you more information about being a litigation friend.
What Compensation Could Be Awarded In Birth Injury Claims?
The amount of compensation that can be awarded in successful birth injury claims depends on two heads of loss – general and special damages.
General damages compensation covers how you and your baby have suffered physically and emotionally as a result of medical negligence.
The Judicial College Guidelines (JGC) is a document that legal professionals can refer to to help them value your general damages compensation. The JCG contains guideline compensation values for different types of harm.
We have taken some types of harm from the JCG that could be suffered as a birth injury to create the table below. We have also taken each type of harm’s accompanying guideline compensation values.
When viewing this table, please bear in mind that the top figure hasn’t been taken from the JCG. Also, since all birth injury claims are unique, we cannot guarantee any of these figures for your specific claim.
| Type of harm | Severity of harm | Guideline compensation values |
|---|---|---|
| Multiple serious types of harm to mother and baby, with special damages | Serious | Up to £1,000,000+ |
| Paralysis | Tetraplegia (a) | £396,140 to £493,000 |
| Paraplegia (b) | £267,340 to £346,890 | |
| Brain damage | Very severe (a) | £344,150 to £493,000 |
| Moderately severe (b) | £267,340 to £344,150 | |
| Female reproductive system | Infertility with severe depression, pain, and sexual dysfunction (a) | £140,210 to £207,260 |
| Permanent sexual dysfunction (b) | £52,490 to £124,620 | |
| Pelvis & hips | Severe (a)(i) | £95,680 to £159,770 |
| Severe (a)(ii) | £75,550 to £95,680 |
The Factors That Determine Birth Injury Compensation Amounts
Factors such as these will affect the value of your general damages compensation:
- Loss of amenity, e.g. loss of enjoyment, such as not being able to participate in your usual hobbies
- Whether the harm is permanent or not
- How painful the harm is
- What treatment is required to treat the harm
You or your child may have to undergo an independent medical examination at some point during the claims process. Alongside the JCG, legal professionals can also refer to the reports from this medical examination to help them value your general damages compensation.
What Can Birth Injury Compensation Cover?
In addition to being compensated for the harm you or your baby has suffered, special damages compensation covers how you have suffered financially as a result of medical negligence.
Special damages compensation has the potential to be the most valuable part of a birth injury claim. It can reimburse every cost you incur relating to the negligence you or your child has suffered, including costs for:
Rehabilitation
- Speech therapy.
- Physical therapy.
- Occupational therapy.
- Counselling.
- Private, specialised education.
- Loss of earnings – yourself, or other family members, may need to become a full-time carer for your child, which can impact your ability to earn a living. Your loss of earnings can also cover losing out on bonuses and pension contributions.
Mobility Aids
- Wheelchairs.
- Crutches.
- Car adaptations.
- Walkers.
Medical Treatments
- Private medical treatment if this is required.
- Corrective surgeries.
- Medication costs, such as prescriptions.
- Residential care – your child may need 24/7 professional support care after a birth injury.
Home Adjustments
- Adapted bathroom facilities, such as toilet aids, hoists, and slings.
- Complete relocation – you may have to move homes completely if your current home is not suitable for adaptations. For example, you might have to move from a two-storey building into a bungalow.
- Stairlifts.
- Making your doorways wider to be able to fit a wheelchair through.
- Motorised bed.
- Specialist standing and seating equipment.
- Specialist play equipment.
As you can see, you may incur a lot of costs as a result of birth injury negligence. If you have a valid claim, we can help you get reimbursed for all of these costs. So, please get in touch with us today.
Birth Injury To Mother Compensation Claims
Here are some examples of how birth injuries to mothers could potentially occur either before, during, or soon after birth due to negligent medical care:
Tears, Abrasions, Cuts And Bruises
- The misuse of forceps or a vacuum extractor during delivery can damage the mother’s tissues and cause tears, cuts, and bruises.
- Failing to address or recognise fetal distress, or failing to escalate care in a timely manner, can lead to a uterine rupture or perineal tears.
- If an episiotomy is performed incorrectly, this can lead to excessive tearing.
Damage To Pelvic Floor
- Failure to appropriately intervene during prolonged labour can cause pelvic floor trauma.
- Poor suture of tears can lead to pelvic floor dysfunction.
- A vaginal mesh surgery being performed incorrectly can cause pelvic floor damage.
Fractured Or Broken Bones
- Failing to adequately manage or identify shoulder dystocia can lead to a fracture of the mother’s pubic symphysis.
- If a breech birth is not diagnosed, the baby’s position can cause immense pressure on the mother’s pelvic bones
Pelvic Organ Prolapse
- If the mother isn’t given sufficient guidance on what pelvic floor exercises to do after birth to support recovery, then this insufficient postpartum care can lead to pelvic organ prolapse.
- If a sonographer doesn’t assess fetal size during pregnancy properly, they can fail to recognise a large baby, which can lead to a more difficult labour.
- Improperly performed, or delayed, caesarean sections can lead to infections which can affect pelvic organs.
Some of the above types of birth injuries may be beyond a medical professional’s control, and may happen anyway, even if the correct standard of care is given. But, as you can see, these injuries can also be a result of breached duty of care. So, if you have suffered a birth injury as a mother, please contact us today. Our team can confirm whether medical negligence occurred and whether you’re eligible for birth injury compensation.
The Most Common Examples Of How Birth Injuries Are Caused
Here are some examples of how the baby could potentially sustain birth injuries either before, during, or soon after birth due to negligent medical care:
Cerebral Palsy
- Incorrectly using forceps (if there is too much pressure on the baby’s head) can cause brain damage, which can lead to cerebral palsy.
- Failing to monitor the baby’s heart rate during delivery can lead to delayed treatment when signs of distress are present, which can lead to oxygen deprivation and can cause cerebral palsy.
- Failure to take mitigating measures when the umbilical cord is entangled around the baby’s neck can lead to oxygen deprivation and can cause cerebral palsy.
Erb’s Palsy
- Failing to adequately manage or identify shoulder dystocia can lead to nerve damage in the baby’s brachial plexus, which can lead to Erb’s palsy.
- Excessive traction on the baby’s head or shoulders during delivery can damage the baby’s brachial plexus nerves, which can lead to Erb’s palsy.
- If a midwife pulled the baby’s arms backwards during a breech delivery, this can lead to Erb’s palsy.
Brain Injuries
- Incorrectly using forceps (if there is too much pressure on the baby’s head) can cause brain damage.
- If jaundice is left untreated in newborns, this can lead to kernicterus, which is a type of brain damage caused by bilirubin levels not being managed properly.
- Failing to order a caesarean section during a difficult delivery can lead to trauma to the brain.
Broken Bones
- A baby’s leg could be broken if a breech position is not recognised, and the baby’s leg gets stuck during delivery.
- Using excessive force to pull the baby out during delivery can lead to broken bones.
- If the labour goes on for too long, Pitocin may be administered. If an overdose of Pitocin is given, this medication error could lead to increased intracranial pressure on the baby, which could lead to a skull fracture.
Stillbirth
- Misinterpreting test results, such as from cardiotocography (CTG) monitoring, can lead to missed opportunities to spot potential problems with the baby’s heart rate, which could potentially lead to a stillbirth.
- If conditions such as diabetes and infections are left untreated during pregnancy, this could lead to complications and potentially a stillbirth.
- If a healthcare provider fails to investigate or monitor the baby’s wellbeing after the mother reports reduced fetal movement, this could lead to stillbirth.
Some of the above types of birth injuries may be beyond a medical professional’s control, and may happen anyway, even if the correct standard of care is given. But, as you can see, these injuries can also be a result of breached duty of care. So, if your baby has suffered a birth injury, please contact us today. Our team can confirm whether medical negligence occurred and whether you’re eligible to claim birth injury compensation on your baby’s behalf.
How To Make A Birth Injury Compensation Claim
To begin a birth injury compensation claim, all you have to do is simply contact us, and we can tell you where to go from there.
Proving Birth Injury Negligence Claims
Evidence is crucial in proving that birth negligence occurred.
Here are the best types of evidence that can prove medical negligence claims:
- Copies of yours and your child’s medical records that relate to the pregnancy, labour, birth, and postnatal care.
- Contact information from anyone who witnessed you receive substandard medical care. Anyone who attended your medical visit, or other medical staff, may be witnesses.
- Photographs of the avoidable harm.
- Findings from the Bolam test – the Bolam test is when a panel of medical professionals within the same field come together and decide whether they would have taken the same course of action as the negligent medical professional in question. This panel can determine whether substandard care was given.
- Videos of the birth.
- Copies of any correspondence you have with the healthcare providers in question. This can show any complaints you made, as well as reveal admissions of fault or inconsistencies.
- Create a detailed timeline of the events leading up to, during, and soon after the birth.
- Evidence of any financial losses suffered, such as payslips and bank statements.
If you connect with one of our specialist solicitors to help you with your claim, you won’t have to collect all of this evidence by yourself. They will help you gather evidence.
How Long Do I Have To Start A Claim?
To start a birth injury claim for yourself, you have 3 years from either:
- The date you suffered negligence.
- The date you realised that you suffered negligence (this is called the date of knowledge).
This time limit is as per the Limitation Act 1980.
However, likewise with children, those who are mentally incapacitated are unable to make their own claim until the date they fully recover mentally (if they ever do), meaning the time limit becomes frozen. A litigation friend can step in for these claimants up any time while the time limit is frozen. Otherwise, the claimant will have 3 years from their mental recovery date to start their own birth injury claim.
For more information on this, please contact us today.
Can Birth Injury Claims Be Made On A No Win No Fee Basis?
Yes, birth injury claims can be made on a No Win No Fee basis with our solicitors here at Legal Expert. Specifically, our solicitors work with their clients under a Conditional Fee Agreement (CFA).
Here is what it means to work under a CFA:
- You pay zero upfront or ongoing fees for your solicitor’s work.
- You pay zero fees at all for your solicitor’s work if your birth injury claim is unsuccessful.
If your birth injury claim is successful, you still pay zero fees directly from your pocket. Instead, your solicitor will keep a small percentage of your birth injury compensation. This small percentage is called the ‘success fee’, and is legally limited to ensure that you definitely receive the majority of the compensation.
Aside from gathering evidence, here is some of the work that our solicitors can do for you under the terms of a CFA:
- Correspond with the healthcare provider in question, so you don’t have to.
- Set you up with applying for interim payments if needed.
- Negotiate to ensure that your birth injury compensation covers all of the ways you and your baby have suffered due to negligence.
- Explain legal jargon.
- Sort out your legal representative if the claim is taken to court.
- Keep you regularly up-to-date on the status of your claim.
- Work with you no matter where you are based in the country.
- Ensure that the claims process runs as smoothly as possible for you using their years of high-level legal training.
So, if you would like some assistance with your claim in the above ways, please contact us at Legal Expert today.
Contact Legal Expert
Our expert medical negligence solicitors have decades of combined experience in winning birth injury compensation for previous clients. They can use their expertise and years of knowledge to make the claims process as simple and straightforward for you as possible.
- Call 0800 073 8804.
- Fill out our Contact Us form.
- Send a message into our live on-screen chat box.
Learn More / More Information
To learn more about medical negligence claims, here are some of our other guides you can browse:
- How to make a fertility negligence claim.
- Look at our research and statistics on birth injuries and trauma.
- How to make a retained placenta negligence claim.
Additionally, you might get some useful information from browsing these other pages:
- Care Quality Commission (CQC) – find a hospital and check the quality of its care.
- Gov.UK – how to receive Statutory Sick Pay (SSP).
- Nursing & Midwifery Council – the expected standards for registered midwives.
Thank you for reading our guide on how to claim birth injury compensation. Remember, our lines are open 24/7 to answer any of your claim enquiries.
