Birth Injury Solicitors

Birth injury legal support

Thankfully, birth injuries remain relatively rare. However,  complications during pregnancy and the delivery of your child can cause severe birth injuries with lifelong consequences. Such injuries may lead to permanent disabilities, requiring significant levels of care from parents or caregivers.

It is important for families to understand how to claim compensation when a birth injury is caused by medical negligence, to ensure they receive sufficient financial compensation to help with care and support for the remainder of the child’s life.

Common types of birth injury and related conditions

There are several injuries that could occur during pregnancy and childbirth, which may lead to compensation claims if caused by medical negligence.

• Brain injury: Can impair cognition, memory, and development, often due to oxygen deprivation from issues such as umbilical cord problems, uterine rupture, or maternal injury.
• Cerebral palsy: A lifelong condition affecting movement, balance, and posture, often caused by brain damage from oxygen deprivation during childbirth.
• Brachial plexus injury: Damage to shoulder or neck nerves during delivery, causing weakness or paralysis in one or both arms.
• Erb's palsy: Affects the upper brachial plexus nerves, often from excessive pulling or stretching during a difficult delivery, leading to arm and shoulder weakness or loss of movement.
• Facial paralysis: Results from facial nerve damage during childbirth, causing temporary or permanent weakness in facial muscles.

How much compensation for birth injuries?

Compensation amounts vary depending on the severity of the injury, its long-term effects, and the child’s needs. Compensation awards cover pain, suffering, and both past and future financial losses.

Key factors include:

• Severity and long-term impact of the injury.
• Amount and duration of future care and therapy required.
• Financial losses include  an award for gratuitous care over and above that which the child would have required in any event 

How birth injury compensation is calculated

Settlements can involve negotiation to agree on a compensation amount acceptable to both parties. A fair settlement can help families avoid lengthy proceedings, but it must reflect the full extent of the child's injury and future needs. Some claims may settle before reaching court but any award for a child will need the approval of a Judge

The compensation value varies based on the severity of the injuries and the impact on the child's or mother's life, as well as long-term care costs.

By law, compensation for a child must be safeguarded until they can manage it themselves:

• If the child will have mental capacity as an adult, the funds are usually held by the Court Funds Office or in approved savings accounts.
• If the child will not have mental capacity as an adult, the Court appoints a Financial Deputy to manage the compensation and ensure that the child's needs are met.

Time limits

When pursuing a birth injury claim, strict legal deadlines apply. These time limits depend on whether the injury affects a child or the mother, and on the injured person's capacity to manage their own claim.

• Child claims: The child has until their 21st birthday to start a claim, provided they have litigation capacity.
• No capacity cases: If a child's cognitive injury means that when they turn 18 they lack the mental capacity to understand legal advice and make decisions in their case, there is no time limit for bringing a claim.
• Mother's claims: For a mother's birth injury claim, the usual time limit is three years from the date of negligence or from when she became aware of it.

Pregnancy negligence

Many people believe a claim can only be made for negligence during labour or delivery, but this is not the case. Negligent care during pregnancy or immediately after birth can also lead to a valid claim.

For example, if a midwife fails to detect a baby's low heart rate during pregnancy, this may cause oxygen deprivation and brain injury before birth. Such cases are still classed as a birth injury, even if the negligence happened before labour began.

Stillbirth claims following medical negligence

If a medical care provider's negligence causes a stillbirth, the parents may be entitled to claim compensation for their pain and suffering.

These claims must usually be made within three years of:

• The date of the negligent care,
• The date you became aware of it, or
• The date of your child's death.

Wrongful birth claims caused by medical negligence

Parents may bring a wrongful birth claim if negligent medical care results in the birth of a child who would not otherwise have been born.

Examples include:

• Cases where a vasectomy fails.
• Situations where parents were not advised their child would be born with a severe disability or medical condition and would not have continued the pregnancy with proper advice.

Parents must bring these claims within three years of the child's birth or from when they became aware of the negligence.