Birth Trauma and Childbirth Injury Claims

According to the Birth Trauma Association, approximately 30,000 women a year in the UK experience a traumatic birth.

Navigate to

Guiding you through the legal aspects of birth trauma and childbirth injury

Medical negligence is a serious issue that can have significant consequences, particularly when it affects the lives of children.

When a child is injured before or during childbirth as a result of negligence, their parents must understand their legal rights concerning bringing a medical negligence claim.

Bringing a medical negligence case can be a challenging and emotional process, but with the right support, it is possible to seek the compensation and closure that the child and their family deserve.

If you believe that you or your child has been injured before, during or immediately after childbirth due to medical negligence, it is crucial to speak to a specialist birth trauma lawyer as soon as possible.

Start your birth trauma or injury claim

Birth trauma and injury claims

Childbirth is one of the most significant experiences a family can go through. However, when complications occur during delivery, there can be devastating consequences for the child and their family.

Birth injuries can result in lifelong disabilities and require a significant amount of care and attention from parents or caregivers. Therefore, it is vital for families to understand how they can pursue compensation where an injury is a result of medical negligence.

Common types of birth injury  

There are several common types of birth injuries that can occur during childbirth, including:

Brain injury

Trauma before or during childbirth can cause damage to the brain, impacting cognition, memory, and other cognitive functions. This can happen when a child’s brain has been starved of oxygen. For example, where there are problems with the umbilical cord, uterine rupture or an injury sustained by their mother.

Cerebral palsy

This is a group of lifelong conditions that can affect a child’s movement, co-ordination, balance, and posture. There are several types of cerebral palsy which can affect individuals in different ways. It can be caused by damage to a child’s brain during childbirth which is often caused by a lack of oxygen.

Brachial plexus injury

A brachial plexus injury occurs when the nerves in the neck and shoulder are damaged during delivery. It can cause weakness or paralysis in a child’s arms.

Erb's palsy

This is a type of brachial plexus injury that specifically affects the upper nerves in this area. It can lead to loss of movement in the arm and shoulder, though it may not always impact feeling sensations in the arms and shoulders. Erb's palsy can be caused by excessive pulling or stretching of an infant's head and shoulders during a difficult or prolonged delivery.

Facial paralysis

Facial paralysis is a condition caused by nerve damage during childbirth that can cause temporary or permanent weakness or paralysis to the muscles in the face. This can be caused where there is nerve damaged to a child’s face.

How much compensation can be awarded in cases involving a birth injury?

It is difficult to give a precise figure on the amount of compensation is likely to be awarded when bringing a medical negligence claim for injuries caused to a mother or her child as it depends on the circumstances of the particular case.

Compensation is awarded for the pain and suffering that has been experienced due to the  negligence. The compensation is intended to cover the financial losses incurred as a result of the negligence, as well as, including any future losses that is reasonably foreseeable that they will suffer.

Several factors can impact the amount of compensation a child might receive including the:

  • severity of the injury suffered and whether it will have long-term consequences for the child,
  • amount of care needed by the child as a result of the injury and how long this will be needed for.
  • amount of financial losses incurred, such as, the loss of wages where a parent has had to take time off work to care for a child.

What is the average birth injury settlement?

 It is worth noting that many medical negligence cases are resolved through settlement before they reach court. In these cases, the parties negotiate a settlement amount that is acceptable to both sides. Settlements can be beneficial for families going through the difficult process of seeking compensation for their child's injuries, but it is essential to ensure that any settlement amount adequately reflects the damages suffered.

As discussed above, it is difficult to give a precise figure on the amount of compensation you are likely to receive by bringing a medical negligence claim on behalf of a child as it depends on the circumstances of the particular case.

It is important to remember that if compensation is awarded on behalf of a child, the law states that the compensation must be protected for the child. In cases where the child is likely to have capacity when they become an adult, the money can be held by the court or in certain types of Instant Savings Accounts.

In cases where compensation is awarded to a child that does not have capacity to manage their own finances when they become an adult, a Financial Deputy is usually appointed to manage the child’s funds appropriately and ensure that their needs are being met.

Time limits for birth injury cases

For medical negligence claim arising from an injury caused to a child before, during or immediately after childbirth, a claim can be brought on their behalf at any point before the child turns 18 years old. If a claim has not previously been pursued when the child turns 18, they can bring a medical negligence claim before their 21st birthday so long as they have capacity to conduct litigation.

Where a child has suffered an injury which significantly affects their cognition they may not have capacity to conduct litigation. There is no time-limit for a claim to be brought on behalf of an individual who does not have capacity to conduct litigation.  

If the medical negligence claim arises from an injury which is sustained by the mother, in most cases the time limit is 3 years from the date of the negligence or from the date she ought reasonably to have become are of the negligence.

Our accreditations

Head Injury Solicitor 2024
MASS
SIA Trusted Partner
SRA Accreditatio
Avma Panel Logo Large
Winstons Wish Logo

"Highly experienced. Can deliver on small to very large cases. Down to earth lawyers who connect with the client easily"

Legal 500

"Jenny Tetlow represented me in a clinical negligence claim on behalf of my late father. Jenny was an absolute pleasure to work with, always there to answer questions, very responsive and always provided regular updates without being asked. A really refreshing experience compared to some other lawyers."

Review Solicitors

Pregnancy negligence claims

A common misconception is that a medical negligence claim can only be brought as a result of an injury that incurred during labour or childbirth. However, claims can also be brought in relation to negligent medical care which is provided to a mother or child during the pregnancy, as well as, immediately after childbirth.

For example, where a midwife negligently fails to notice that a baby has a low heart rate during the pregnancy which results in the child suffering a brain injury prior to birth due to a lack of oxygen. This would still be referred to as a birth injury claim, even though the negligence occurred during the pregnancy.   

Stillbirth claims

Where medical care provider is found to have breached its duty of care and through a negligent act or omission caused a child to be stillborn, the parents of the child may be able to bring a claim for the pain and suffering that they have suffered.

These claims must be made within 3 years of the date you received the negligent medical care, the date you became aware of it or the date of your child’s death.

Wrongful birth claims

A wrongful birth claim can be brought by parents in circumstances where a child has been born who would not have been born if negligent medical care had not been provided. For example, where a father had a vasectomy or where a child’s parents were not advised that their child would have been born with a particular disability or medical condition and had they been, they would not have continued with the pregnancy.

These claims must be brought by the parents within three years from the date of the child’s birth or from when the parents ought to have been aware of the negligence that occurred.

"Her focus is always on client care, and she is always looking out for the needs of clients and their families following significant injuries. Her focus on the client is inspiring."

Legal 500

"Highly experienced. Can deliver on small to very large cases. Down to earth lawyers who connect with the client easily"

Legal 500

Why choose us as your birth trauma and injury lawyers

Our team of solicitors have the knowledge, experience, and proven track record to help you make a successful claim for birth trauma or birth injury.

Our team are recognised and accredited in the legal directories and across many organisations, including being on the Law Society Clinical Negligence panel, Action Against Medical Accidents panel, Headway, and the Spinal Injury Association trusted partnership.

Our team has an excellent reputation for its work on a broad range of high-value and complex clinical negligence claims. 

Each team member has particular expertise, with a range of specialisms, including severe birth injuries such as cerebral palsy.

Lawyers Discussing (6)
Accent colour for edge of slider Accent colour for edge of slider

FAQs

Childbirth can be traumatic for a number of reasons such as where there are unexpected complications or when parents do not feel fully informed or looked after by staff.

According to the Birth Trauma Association, approximately 30,000 women a year in the UK experience a traumatic birth that continues to affect them following the birth.

To bring a medical negligence claim, you must show that the medical care provider had a duty of care towards you, that they breached that duty, and that the breach resulted in the you or your child suffering harm or injury.

If a mother or child has suffered an injury as a result of a traumatic birth, this can have a significant impact on a family's life, both emotionally and financially.

Seeking compensation can help alleviate some of these burdens and provide families with the resources they need to provide their child with the care they need. If you believe that you or your child has suffered a birth injury due to medical negligence, it is important to speak with an experienced medical negligence solicitor who can assist you by bringing a claim on your behalf.

Medical negligence claims arising from a birth injury are often complex and can be challenging to prove. To bring a successful medical negligence case, it is essential to gather all relevant evidence. This can include medical records, witness statements, and reports from several independent experts.

For example, it may be necessary to obtain an independent medical expert opinion to determine the cause of an injury sustained by a child or in relation to the impact that the injury will have on the child’s in the future.

Therefore, it can take a significant amount of time to gather the evidence required and it is not unusual for birth injury claims to take 5-10 years to reach a settlement, particularly when the injury may affect a child differently as they get older.

There are a wide range of injuries that can be caused during childbirth. Examples of injuries that may be suffered by a child include:

  • Bruising or forceps marks
  • Fractures, particularly to the child’s clavicle or shoulder
  • Nerve damage
  • Brain damage
  • Bleeding on the brain or around the brain.

Examples of injuries that may be suffered by a mother during child birth include:

  • fissures
  • hip dysplasia
  • pre-eclampsia
  • vaginal tears

Some birth injuries can occur simply because of the pressure and resistance involved in giving birth vaginally as a result of the pressure on child’s skull and body from the mother's pelvic bones and as it makes its way along the birth canal. However, there are sadly occasions where a mother or child suffers from an injury as a result of negligent medical treatment and the injury could have been avoided.

  • Cerebral Palsy: This is a group of lifelong conditions that can affect a child’s movement, co-ordination, balance, and posture. There are several types of cerebral palsy which can affect these in different ways. It can result from damage to a child’s brain during childbirth, often caused by a lack of oxygen.

  • Erb's Palsy: This is a type of brachial plexus injury that specifically affects the upper nerves in this area. It can lead to loss of movement in the arm and shoulder, though it may not always impact feeling sensations in the arms and shoulders. Erb's palsy can be caused by excessive pulling or stretching of an infant's head and shoulders during a difficult or prolonged delivery.

There have been a number of reports in the media regarding failings in maternity care which have prompted investigations such as the Ockendon Review in relation to the care provided at the Shrewsbury and Telford Hospital NHS Trust or the independent maternity review in relation to the care provided by Nottingham University Hospital.

This has increased the awareness of birth injury claims but birth injuries are rare. However, the consequences of a birth injury are significant and they can have a devastating impact on a child and their family.

If you believe that your child has been injured before or during childbirth due to medical negligence, it is crucial to speak to a medical negligence lawyer as soon as possible.

Maternity negligence is often used as another way of describing claims that arise as a result of an injury suffered by a child or their mother before, during or immediately after childbirth.

A birth injury is often considered to be severe when it has a significant and long-term impact on a child or their mother. A severe injury can result in a child suffering from lifelong disabilities and requiring a significant amount of care and attention from parents or caregivers. In some cases, it may result in a child requiring 24 hour care for the rest of their life.

Meet the birth injury team