How Much Compensation Can I Claim For A Birth Injury?
By Max Mitrovic. Last Updated 22nd June 2022. Looking for information on birth injury claims? In this guide, we explain how and why these types of claims are started. We’ll also discuss potential birth injury compensation amounts.
The birth of a child is a very emotional time for the parents. Apart from the physical stress and anxiety of childbirth, the expectant mother can require constant monitoring and special care. During the hospital stay, doctors or other staff members may fail in their duty to provide the highest standard of care. In the worst cases, this can result in injury and maternity negligence claims.
Unfortunately, even the slightest medical negligence can cause birth injuries to both the mother and child. Such tragic incidents usually lead to legal proceedings against the hospital, the doctor, and the medical staff.
Many UK-based medical negligence and birth injury solicitors are helping families deal with the aftermath of such accidents. Cases have involved birth injuries that have led to long-term disabilities like cerebral palsy, partial paralysis, brain damage, and many more health conditions. Common consequences of birth injuries can include (but are not limited to):
- Erb’s palsy
- Cerebral palsy
- Paralysis or partial paralysis
- Brain damage
- Spinal injury
- Bone fractures
These situations are life-altering for both the new-born baby and the parents. In birth negligence stories such as these, seeking an expert legal opinion can be the best course of action. This guide will provide information about birth injury compensation claims to make that process easier.
Select a section:
- A guide to birth injury claims
- What is a birth injury?
- Birth injury claims for medical negligence
- The link between birth injuries and cerebral palsy
- Birth injury facts and statistics
- Medical profession’s duty of care
- What are the common grounds for making a birth injury negligence claims?
- Are there different types of birth injury negligence claims?
- Assessing the severity of a birth injury
- The long-term effects of a birth injury
- What to do if your child has suffered a birth injury?
- What can be claimed after a birth injury?
- No win no fee birth injury claims
- How much can I claim for a birth injury?
- Compensation Payouts for Birth Injury Claims in 2022
- How to start a birth injury claim?
- Why choose us as your claims service provider for a birth injury claim?
- Call for free advice and to start a claim
- Helpful links
- Birth Injury Claims FAQs
According to information from the Birth Trauma Association, as many as 30,000 women a year feel traumatised by childbirth. This can lead to them developing symptoms similar to Post-Traumatic Stress Disorder or PTSD.
Injuries and accidents surrounding the birth of a child can be among the most serious and concerning. This guide will help all family members of birth injury victims learn more about birth injury accidents and the legal action that may follow.
The sections in this guide have been organised in such a way you can easily understand the required steps for filing for birth injury compensation. The guide begins with an explanation of birth injury and injuries caused as a result of medical negligence for the mother and the baby. After that, the guide will discuss the medical profession’s duty of care. It will also explore the circumstances in which this professional duty may have been flouted, causing damages to the baby and the mother.
By the end of this guide, those considering childbirth medical negligence cases will be better informed about their legal options.
A birth injury is a health issue sustained by either a mother or the baby during childbirth. Factors such as the doctor’s competence and experience, the medical staff’s competence, the available hospital facilities, and emergency care can affect the success of the procedure.
In many cases, surgical injury to the mother during birth results in birth injuries to both the mother and the child. Cerebral palsy is one of the most common birth injuries, with brain and nerve damage closely following. In assisted deliveries, tools such as forceps have been known to cause birth defects. In extreme cases, childbirth medical negligence may cause the death of the baby due to issues such as umbilical cord around the baby’s neck or a ruptured placenta.
Birth injuries can happen when the doctor or a medical staff fails to adhere to the highest standards of treatment procedures. Or, they fail to provide adequate medical support during childbirth.
The most common reasons for such medical mistakes include inadequate monitoring of the patient, incorrect diagnosis, lack of medical experience, lack of experience in handling specialised equipment like forceps, or failing to take adequate remedial action if necessary.
Can I make birth injury claims?
You could be able to claim compensation by making a claim for a birth injury if you or your child suffered as a result of medical negligence. Similarly, you could make a claim on behalf of a loved one if they passed away as a result of a birth injury caused by medical negligence, whether that’s your daughter, wife, child, grandchild or otherwise.
Whatever your situation, if your suffering was due to medical negligence either before, during or following the birth itself, you could be eligible to make a claim for birth injury compensation. Please get in touch for a consultation if you believe you could be entitled to a payout and get free legal advice from our specialist advisors today.
How long do I have to make birth injury claims?
Did you know that birth injury claims, like all other types of medical negligence claims, have a time limit for when they can be started? In most cases, this time limit is 3 years from the date of the incident or the date of knowledge.
However, in exceptional circumstances, extensions to this standard limitation period could apply. For example, if a claimant is unable to make a claim for themselves, whether they lack the mental capacity to do so or under the legal age of 18, the time limit is frozen until they are able to claim. If they’d like, they could appoint a litigation friend make a claim on their behalf, at which point, the standard limitation period would come into effect.
Don’t wait too long before bringing your claim forward. If you leave it longer than necessary, you could risk losing out on your birth injury compensation as the time limit may expire. To see if you could still claim, please don’t hesitate to get in touch today for a free consultation on your case.
Claiming for Birth Injuries to the Mother
This section will be of use to anyone looking for more information on the potential injuries sustained by a mother as a result of medical negligence either before, during or just after giving birth.
The birth injuries more commonly associated with the mother can include fissures, vaginal tears, poor stitching after a c-section, or secondary infections caused by mismanaged post-delivery complications.
In any of these situations, where negligence or liability can be demonstrated, we invite people to seek a legal opinion about the birth injury compensation. In the event of the death of the mother, a family member of the mother, a spouse, or a civil partner may wish to file a claim on their behalf.
Claiming for Birth Injuries to the Baby
The birth injuries associated with the new-born child can include:
- cerebral palsy
- stuck shoulders
- brain damage to damaged nerves
- fractured skulls
- death due to lack of oxygen
The parent or close family member of the child should seek immediate legal advice about the next course of action, which could involve taking a third-party medical opinion on the matter. In cases such as these, it can be important to have a qualified legal professional working on your case, helping you to demonstrate the liability of the defendant.
If you’d like to find out more about birth injury claims or to speak to someone today about starting your claim, get in touch with our team.
Cerebral palsy is one of the conditions most commonly associated with birth injuries. The primary cause of cerebral palsy is a brain injury, which can be caused by certain actions that may occur during the delivery procedure.
One of the first organs be affected by a birth injury is the child’s brain. This birth injury leads to defective brain development after birth. As a direct consequence of this brain damage, the growing child is highly likely to develop permanent disabilities in muscle movements, body balance, and posture. As a result, parents may be able to claim birth injury compensation.
In attempting to understand the problems of birth injuries, it can help to understand the statistics surrounding such accidents. The Office for National Statistics 2019 report on infant mortality finds that:
- The infant mortality rate in Wales and England slightly decreased from 3.9 deaths for every 1,000 live births in 2017 to 3.7.
- There were a total of 2,390 infant deaths (under the age of 1) in England and Wales.
- The infant mortality rate has reduced the most for mothers aged 40 or over. Rates have gone from 5.8 deaths per 1,000 live births (2010) to 4.6 deaths per 1,000 live births.
As the graph below shows, there has been a general downward trend in regards to infant mortality since 1980.
The medical profession’s duty of care compels doctors, nurses, and other medical professionals to take maximum precautions and any necessary action to ensure that all treatment decisions, procedures, and logistics have been carried out with the patient’s welfare in mind.
In the event that they have not done so, it may be that there is a medical negligence case to be made. If you want to know more on this topic, the Royal College of Obstetricians and Gynaecologists provides a number of resources.
When filing a legal case, the claimant must establish a valid ground for claiming medical negligence during childbirth and bringing a claim against those responsible. Reasons can include:
- General misdiagnosis – This may include any wrong diagnosis or partially wrong diagnosis leading to a birth injury.
- Anaesthesia mistakes – This may include injuries caused by incorrectly administered anaesthesia to the mother during a surgical procedure.
- Complications as a result of incorrect or surgical procedure – This may include injuries caused as a consequence of the incorrect medical or surgical procedure.
- Errors in cosmetic procedure – This may include birth injuries caused by a poorly performed surgical procedure.
- Care negligence – This may include injuries endured during postnatal care.
Being able to demonstrate one or more of the above examples of negligence forms a key part of birth injury compensation claims.
Not all claims for birth injuries are the same and it is important to understand the differences between the different types of negligence claims in order to make a strong legal case. Below is an overview of the types of birth injury negligence claims:
- If the injured victim is partially responsible for the birth injury, it is a case of contributory negligence, in which a court will decide the relative proportion of responsibility shared by the victim with other guilty parties.
- In the case of vicarious liability, the hospital or medical organisation employing the doctors and staff will take the responsibility for the birth injury.
- When there is gross negligence, medical professionals violated their duty of care. In this situation, a legal proceeding will take place in a court, likely leading to licencing revocation and suspension of medical professionals. In this case, the court may decide to award traumatic birth injury compensation.
If you meet with a legal professional, you will be able to discover which of the categories best suits your own birth injury compensation claim.
If your child has suffered a birth injury and you wish to initiate a legal case, one of the first things any solicitor will ask you involves describing the extent of the injury suffered by the mother, the baby, or both. This is because the severity of the injury will play a key role in the claim.
Any likely birth injury compensation claim payout will depend on the severity of the injury suffered. As we will see in a later section, the more severe an injury, the higher a payout will be. This can be taken as a firm guideline though it is not always the case.
As such, diagnosing the full severity of your injury will be important. It’s one of the reasons why we offer clients the chance to have a full evaluation, which we will arrange with a local doctor. In doing so, we will be able to fully understand the severity of the injuries caused by your accident.
The long-term effects of a birth injury can remain hidden until later life. Certain conditions can remain hidden until the child reaches maturity. The adverse effects on the child’s body can manifest themselves in the various organs of the human body at different stages of life. In the most severe instances, this can include defective or malfunctioning organs. In less severe cases, it may require surgery for correction.
Thus, patients are known to suffer from the effects of birth injuries in their adulthood, which can lead to anything from a physical handicap to psychological disorders or brain damage, resulting in an inability to earn a living.
Trying to determine the long-term effects of an injury will form part of the birth injury compensation claim. It is why we arrange medical evaluations for clients, hoping to fully and accurately diagnose any potential medical condition which might reveal itself in later life. In doing so, we can be sure that we are seeking the right amount of compensation.
For more details on the claims process and the steps you should take after a birth injury, please keep reading.
When an unfortunate incident like a birth injury happens to your close family members, it may be tough for you to handle the situation, let alone fight a legal battle. If you find yourself in such a situation, we advise the following steps:
- Seek a second medical opinion. Once you are certain that all of the immediate health concerns are rectified, it can help to seek a second opinion. If you need further evaluation, we can arrange this on your behalf.
- Organise and document any evidence you can. If you do not make notes about the evidence, you may forget crucial facts later.
- Start gathering all bills and receipts and estimating the financial losses, which may be anything from medical bills to loss of earnings due to psychological trauma, such as PTSD.
Taking the time to walk through the above process can improve your chances of filing a successful birth injury compensation claim.
In making claims for birth injuries, there are a number of costs, expenses, and damages you can attempt to recover. The following list includes the common types of claims, though every type may not be applicable in every case. These include:
- General damages, which may include birth injury compensation for doctor’s negligence, for medical staff negligence, and for hospital negligence.
- Special damages, which may include repayment of any out-of-pocket expenses.
- Medical expenses, which may include all medical expenses incurred following birth injury incidents, such as the need for long term care or private healthcare.
- Travel expenses, which may include all transportation costs for travelling between the hospital and client’s home, between the law office and client’s home, and all other trips related to the birth injury case.
- Funeral expenses, which may include expenses paid to cover funerals in the event of death.
With the advice of a professional legal team, you can be sure that you’re claiming the full birth injury compensation total and can maximise your payout amount.
We believe in providing our clients with the maximum financial and emotional assistance after a medical negligence incident, which may already leave you traumatised.
The Conditional Fee Agreement (CFA) that our No Win No Fee solicitors can offer helps to make the claims process easier. To achieve this goal, you can expect the following:
- No fees need to be paid upfront
- There are no hidden fees to pay during the claims process either
- Your solicitor’s legal feels don’t need to be paid if your case is not successful
If your solicitor does win your case for you, you’ll only have to pay them a small success fee. A percentage of your final birth injury compensation settlement will be subtracted by your solicitor to cover their fee. This percentage is legally capped and you should receive the vast majority of your overall award.
We provide legal consultation and advice at a time when you need it most. What’s more, our client-friendly approach means that we want to help you reduce the stress, risk, and confusion so often related to a compensation claim.
The following table provides representative injury types with associated descriptions, severity, and applicable compensatory payments.
Medical negligence claim settlements are settled on the individual merits of a case, so these figures are provided in a purely advisory capacity. However, you can still use this birth injury compensation calculator to provide an overview of potential settlement amounts.
You may want to use a birth injury compensation calculator to give you a better impression of what you could receive from a successful claim. While they can sometimes be useful, they do not always accommodate for all the factors involved in birth injury claims.
However, information from the Judicial College Guidelines can help you see what you can receive from general damages in these types of claims. These figures have been taken from the latest guidelines, published in 2022. Please remember that these figures are not guaranteed for what you could receive in relation to traumatic birth compensation.
Your potential compensation will be based on factors such as the physical and psychological trauma caused by the malpractice, as well as any permanent side effects that you’ve suffered as a result. To receive compensation, you would need to prove that the actions taken by the medical professionals in question went below their required standard of care.
|Injury Type||Severity||Description of Injury||Minimum Compensation|
|Brain Injury||Very severe||Severe disability, little (if any) response to environment and full-time care needed.||£282,010 to £403,990|
|Brain Injury||Moderate to Severe||Severe disability with substantial dependence on others.||£219,070 to £282,010|
|Psychiatric Damage||Severe||Difficulty coping and the prognosis is poor.||£54,830 to £115,770|
|Psychiatric Damage||Moderately severe||Similar to above but the prognosis is more optimistic.||£19,070 to £54,830|
|Psychiatric Damage||Moderate||Marked improvement with good prognosis.||£5,860 to £19,070|
|Psychiatric Damage||Less severe||Mental health suffered, but improved.||£1,540 to £5,860|
|Psychiatric Damage||Severe||When the claimant's capacity to work is severely reduced, if not removed entirely||£59,860 to £100,670|
|Psychiatric Damage||Moderately severe||Symptoms will have been much worse, but a promising prognosis has been made||£23,150 to £59,860|
|Internal Organs||Serious chest injuries||Lifelong disability, such do damage to the lung(s) and/or heart||£65,740 to £100,670|
If you would like a compensation estimate that relates to your injury, please contact our team of advisors for legal advice that is completely free. They can provide you with an estimate and connect you with a specialised No Win No Fee solicitor who works on birth injury claims. Their expertise could lead to you receiving compensation.
When your child has just suffered a birth injury or both the mother and the baby have suffered injuries, you may wish to take legal action. This can be a complicated process, however. It may not be an ideal time in which to familiarise yourself with the laws, regulations, and processes which can be involved in claims for birth injuries.
This is why we always advise clients as to the benefits of working with professionals. Medical negligence solicitors and birth injury lawyers can patiently hear your case, review the evidence, and objectively assess the merits of the claim. They will also be able to judge whether you have a strong case for birth injury compensation and be able to provide an estimate of a potential settlement amount based on previous experience.
If you call our law firm, for example, our expert legal team will know exactly how to investigate available facts. They can arrange for a third-party medical opinion when proceeding with the case. The legal team will provide not only a free consultation but will also provide legal representation during the court proceedings if you desire. If you want to begin a claim, this is the easiest, least stressful way in which to proceed.
Filing a claim for compensation can be tough. Given the already stressful circumstances surrounding any birth injury, you want a law firm that will be friendly, ethical, successful, and helpful. Our expertise and experience are evident at times like this. We have a history of working with clients in difficult circumstances and we understand how trying this can be. We offer a range of benefits to deal with this, including:
- A free legal consultation.
- Representation on a ‘No Win No Fee’ basis. To learn more about working with No Win No Fee solicitors, please head here.
- The ability to arrange a medical evaluation with a local doctor.
- Solicitors who are authorised and regulated by the Solicitors Regulation Authority.
- A strong sense of integrity and ethics.
- A desire to help.
If you are seeking the best legal assistance available, there’s only one company you need to call. Speak to our team today for more information about what sets us apart.
If you believe you have a viable claim for birth accident or birth injury compensation, you want the best legal representation. When you want the best, we’re the company for you.
You can call us at 0800 073 8804, chat with us through our website, or use the online contact form to get in touch. We’ll arrange a consultation at a time that suits you. If you want legal assistance on claiming for birth injuries, pleaseget in touch today.
Find out how much compensation you can claim for a misdiagnosed birth injury claim.
Cerebral palsy can be caused by a brain injury that happens before, during or soon after birth, find out more.
Find out more information on how to complain to the NHS after a birth injury.
Claiming against medical professionals can be overwhelming. Read our guide to find out if you should consider action.
Did the negligence of hospital staff lead to your pain and suffering? Have a look at our guide to see what you could do next.
Are you thinking about claiming for your injuries caused by a retained placenta? If it should have been taken care of by medical professionals, read our guide.
A useful guide on claiming compensation following an incident of NHS negligence.
Read this guide to learn more about using out medical negligence solicitors for Birmingham.
You can check out more of our medical negligence guides below:
- My dentist took the wrong tooth out – how much compensation can I claim?
- How do you claim for wrong-patient medication errors?
- The most common prescription error examples
- Harmed by medication calculation errors? Learn how to claim
- Nottingham Medical Negligence Solicitors
- What is the medical negligence claims process?
- Can you sue for prescription errors in hospitals?
- Prescription error compensation claims explained
- Walton-On-Thames Medical Negligence Solicitors
- Wandsworth Medical Negligence Solicitors
- Warrington Medical Negligence Solicitors
- Washington, Tyne and Wear Medical Negligence Solicitors
- Watford Medical Negligence Solicitors
- Wellingborough Medical Negligence Solicitors
- Welwyn Garden City Medical Negligence Solicitors
- West Bridgford Medical Negligence Solicitors
- West Bromwich Medical Negligence Solicitors
- Westminster Medical Negligence Solicitors
- How to Report and Claim Against a Negligent Nursing Home
- Newcastle Medical Negligence Solicitors
- Telford Medical Negligence Solicitors
- Medical Negligence Solicitors For Cambridge
- Medical Negligence Solicitors For Manchester
- Brent Medical Negligence Solicitors
- Medical Negligence Solicitors For Leicester
- Salford Medical Negligence Solicitors
- Bicester Medical Negligence Solicitors
- Medical Negligence Solicitors For Doncaster
- Peterborough Medical Negligence Solicitors
- Birth Injury to Mother Claims
- What are the most common types of medication errors?
- Could I claim prescription error compensation?
- Medical Negligence Solicitors For Tynemouth
- How long does a dental negligence claim take?
- Claiming compensation for the harm caused by medical drug errors
- Wrong Site Surgery Claims
- Can I Sue The NHS for A Misdiagnosis?
What is a traumatic birth?
A traumatic birth can lead to ‘birth trauma’. The mother experiences distress. It can also be physical if the birth led to an injury.
Is there a time limit on injury claims?
Yes. The time limit for making a claim is three years from the date of the injury, or from the date it became clear that the symptoms experienced were related to the birth injury.
Top tips on proving birth injury claims
If you or your child have suffered a birth injury, our compensation calculator could help give you a rough idea of how much an average birth injury settlement could be worth. However, you might be wondering how you can prove that the birth injury was caused by medical negligence.
There are a few key pieces of evidence that can help support your claim. Here are some examples:
- Medical records – These could contain vital details that pertain to a birth injury and any other relevant information. For instance, you or your child may have had certain medical conditions of which your medical professionals were aware. As such, they may have needed to be accounted for during delivery. If the medical professional failed to do so, you or your child may have sustained injuries, and this could be considered medical negligence.
- Witness statements – For example, a loved one may have been with you when certain consultations were carried out. You may have informed a medical professional of certain symptoms that were either ignored or not properly accounted for. In these cases, a solicitor can help you by collecting official statements from witnesses using their contact details.
Get in touch if you want more information on the value of traumatic birth compensation. Our advisors are available to help on a 24/7 basis.
How much money can you sue for pain and suffering?
This depends on the extent of the injuries experienced and how they have affected your quality of life or the quality of life of your child.
How do I calculate my birth injury claim?
Compensation for birth injury claims can consist of one or two types of damages. One is general damages, which cover the impact the injury itself has had. If you’re eligible to claim for general damages, then you may possibly also receive compensation for special damages. These damages consist of any financial loss you’ve experienced because of the injury. The best way to get an estimate on the potential value of your claim is to speak to qualified legal experts about the details of your case.
Who can make a birth injury claim?
You can make a birth injury claim for yourself if you have been injured, or you can make a birth injury on behalf of your child if they’ve been injured.
Can claims be made against a private healthcare provider?
Yes. It doesn’t matter whether you sustained your birth injury at a private or NHS hospital; if you’ve been the victim of a breach of duty of care then you’re eligible to make a claim.
How common are these types of claims?
In the 2019/20 period, 9% of the 11,281 clinical negligence claims that were made were related to obstetrics, according to the NHS Resolution Annual Report.
If you still have any queries regarding birth injury claims or birth injury compensation, feel free to get in touch with our advisors today.