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Giving birth is a vulnerable process for the mother and baby. You trust medical professionals to look after you during delivery and prevent you from suffering harm unnecessarily. Unfortunately, there are times where the required standard of care is not given, resulting in unnecessary harm to the mother and/or baby. This can be extremely traumatic and have severe consequences. However, birth injury claims can help those affected to seek closure. After such a difficult experience, you may wish to know how some of your losses can be recovered.
Key Takeaways
- Although birth is often a painful process, some forms of harm are avoidable
- You can make a medical negligence claim for harm caused to yourself or your child
- Compensation can cover child care costs if you are unable to look after your baby
- You can claim against the NHS or a private healthcare facility for negligence.
- Birth negligence can result from excessive force, misread scans and performing a caesarean section unnecessarily
Why not speak with our advisory team to find out whether you could take the next steps. You could be eligible to work with a solicitor from our panel, with no upfront or ongoing solicitors’ fees for their services. If you feel hesitant about enquiring, there is no need to worry. Our advisors have handled many similar enquiries and know that taking legal action can be a big decision. There will not be any pressure to make a claim if you are simply seeking additional information.
Jump To A Section
- Who Can Make Birth Injury Claims?
- What Are Some Examples Of Birth Injuries That Could Be Suffered?
- How Do Birth Injury Claims Against The NHS Work?
- How To Prove A Birth Injury Was The Result Of Medical Negligence
- What Compensation Could Be Paid For A Birth Injury?
- How Is The Final Birth Injury Compensation Amount Calculated?
- How Long Is The Time Limit For Birth Injury Compensation Claims?
- Birth Injury Compensation Claims With Legal Helpline
- Frequently Asked Questions
- Learn More
Who Can Make Birth Injury Claims?
Anyone who has suffered avoidable harm due to negligent birth treatment could be eligible to claim compensation. When seeking medical attention, the healthcare professionals responsible for providing treatment must provide care and treatment that reaches the expected standard. This is the duty of care owed by all medical professionals, including midwives, doctors, nurses and nursing assistants. If you or your baby suffers unnecessary harm during the birthing process, you could be entitled to compensation, either for yourself or for your child’s injuries and ongoing care needs.
Read this section for more details.
Claiming As The Mother
The mother is owed a duty of care by the medical professionals providing treatment. Of course, giving birth can be an extremely difficult process. Some level of pain and harm is typically unavoidable. However, medical professionals should not cause you harm unnecessarily during birth. We give examples which may shed more light on this in the next section.
Claiming On Behalf Of Your Child
In addition, your child is also owed a duty of care during the birth. Since they would not be able to make decisions for a medical negligence claim themselves, you could claim on their behalf. This role is referred to as a litigation friend. You can apply to act as a litigation friend or the court can appoint you.
Do not hesitate to speak with our team to find out if you could be eligible to proceed. Whether you or your child has been injured, they can assess the specifics of your situation and explain the potential next steps.
What Are Some Examples Of Birth Injuries That Could Be Suffered?
There are many different types of birth injuries, such as tears, damage to internal organs and bruising. Here, we will provide some key examples of medical negligence relating to birth, for which compensation could be claimed.
Birth Injuries To The Mother
The mother can suffer many injuries during and after the birthing process. Those that are related to birth injury claims include:
- A doctor tells you that you must have a caesarean section while in hospital, and a natural birth will not be possible. The surgery is emotionally traumatic, and it takes several months to regain full mobility. You later learn that the surgery was unnecessary and you should have been given the option to have a natural birth.
- You suffer from a retained placenta after giving birth. Your doctor does not make any effort to check for this until you experience severe bleeding, which was near-fatal.
- A midwife uses an unnecessary amount of force during the birth. You suffer from vaginal tearing and are not given pain relief when you ask for it. Not only does the physical healing process take a long time, but you also suffer from postnatal Post-Traumatic Stress Disorder (PTSD).
Birth Injuries To The Baby
Medical professionals must also consider the baby’s well-being during the birth. Common examples of birth negligence affecting the child include:
- Your doctor pulls the baby too hard during delivery. This causes the baby to suffer from Erb’s palsy, whereby the arm becomes paralysed due to nerve damage. The condition affects them for several years of their childhood.
- While using forceps to deliver the baby, a midwife applies too much pressure to the baby’s head. This causes permanent damage to the baby’s brain. They require full-time nursing care, and their life expectancy is shortened.
- A doctor fails to recognise that the baby is in the breech position. This means that the baby’s legs get stuck during delivery. The force used by the doctor during delivery breaks several bones in the baby’s leg.
Giving birth is a complicated process, and many things can go wrong, so our list has not covered all examples. Get in touch with an advisor today to discuss your specific experience of birth injury negligence.
How Do Birth Injury Claims Against The NHS Work?
Birth injury claims against the NHS are similar to those made against private healthcare providers, as both owe the same duty of care to patients. However, instead of a private insurer, the claims are dealt with by NHS Resolution. This body manages NHS medical negligence claims and identifies areas where patient care could be improved.
If you would like more information on how to make a medical negligence claim against the NHS, speak to our expert enquiries team today.
How To Prove A Birth Injury Was The Result Of Medical Negligence
You can prove a birth injury by various means, which include providing:
- A copy of your medical record and birth notes
- A diary of symptoms you/your baby experienced over time
- Correspondence received from the healthcare facility (sometimes they will be in touch to confirm the details of the negligent treatment)
- Contact details of someone who witnessed the birth treatment (such as a birthing partner)
If you’re not sure about the evidence required for birth injury claims, get in touch with our advisors today.
What Compensation Could Be Paid For A Birth Injury?
The amount of medical negligence compensation will first depend on your general damages, which is the part of the award that covers the pain and suffering experienced. This can account for the future physical and psychological effects, as birth injuries can often have a long-lasting impact on the sufferer.
During the assessment of general damages, legal professionals have the option to read the Judicial College Guidelines (JCG). This is a text that provides compensation guideline brackets. These are based on various severities and types of injuries.
We have included some figures from the JCG in the following tables. However, please consider while reading these that they offer no guarantee of your total compensation. Birth injury claims are complex and each individual will be impacted in a different way. Therefore, the assessment of compensation cannot be accurately predicted by these guidelines.
Our advisors do also offer a free case assessment service. You may be interested in accessing a tailored estimate of your payout that is based on the unique factors of your birth injury claim. Speak to them directly today to enquire about this service.
Compensation For Injuries Suffered To The Mother
See below for a table of figures relating to injuries a mother may sustain while giving birth. The figure in the top row was not provided by the JCG.
| Type and Severity of Injury | Compensation Guideline Bracket | Notes |
|---|---|---|
| Multiple injuries with financial losses | Up to £500,000+ | Multiples types of harm with special damages which may cover medical treatment, travel costs and payments for adjusting your home |
| Bowels- double incontinence with total loss of natural bowel functioning and urinary function/control | Up to £224,790 | Further medical complications will come with this |
| Reproductive system: female- infertility by injury/disease | £140,210 to £207,260 | The claimant will experience severe anxiety and depression, scarring and pain |
| Reproductive system: female- sexual dysfunction likely to be permanent affecting a person without children or someone who would not have had children | £52,490 to £124,620 | There will be significant medical complications |
| Reproductive system: female- infertility without aggravating features | £68,440 to £87,070 | This bracket applies to a young person without children |
| Reproductive system: female- infertility without sexual dysfunction/medical complications | £21,920 to £44,840 | The injured party has already had children and higher level of compensation may be awarded if there is a severe psychological reaction |
| Pelvis- severe (i) | £95,680 to £159,770 | Extensive pelvis factures, such as a dislocated low back joint with a ruptured bladder. Substantial residual disabilities will persist such as sexual dysfunction |
| Pelvis- severe (ii) | £75,550 to £95,680 | Less severe cases than the above bracket though distinguishing features apply. An example of an injury in this bracket could be impotence relating to a fracture dislocation of the pelvis that affects the pubic rami and ischium |
| Pelvis- moderate (i) | £32,450 to £47,810 | Significant injury that does not cause a permanent disability and there will not be major future risk involved |
Compensation For Injuries Suffered To The Baby
Your child may also experience injuries during birth, which differ in severity. In some instances, a child will experience an injury during birth that affects them for the rest of their life. We have provided some JCG figures for various injuries, although the 1st figure does not come from the JCG.
| Type and Severity of Injury | Compensation Guideline Figure | Notes |
|---|---|---|
| Multiple injuries with the associated costs | Up to £25,000,000+ | Multiple injuries with financial imapct such as effects on future employment, payments for professional carers and specialist equipment |
| Brain injury-severe | £344,150 to £493,000 | The claimant may recover eye opening, have an ability to follow basic commands and return to a pattern of waking and sleeping. However, various factors will be considered, such as the impact on their life expectancy |
| Brain injury- moderate (ii) | £110,720 to £183,190 | There will be a moderate to modest intellectual deficit with some risk of epilepsy and their ability to work will be reduced or removed |
| Neck- severe (i) | In the region of £181,020 | The injury may be associated with incomplete paraplegia or little to no movement of the neck despite wearing a collar for 24 hours of the day for multiple years |
| Neck- moderate (i) | £30,500 to £46,970 | This many include dislocations/fractures giving rise to severe immediate symptoms and the potential need for spinal fusion |
| Arm-severe | £117,360 to £159,770 | The injury does not require amputation but is of an extremely serious nature, meaning the claimant is little better off than if the arm had been removed |
| Arm- less severe | £23,430 to £47,810 | Despite significant disabilities, there will be a substantial degree of recovery |
| Shoulder-severe | £23,430 to £58,610 | Typically associated with injuries to the neck whereby the brachial plexus is injured and there is significant disability |
| Shoulder-serious | £15,580 to £23,430 | Damage to the low brachial plexus and dislocation of the shoulder, resulting in pain in the neck/shoulder, weakened grip and an ache in the elbow |
How Is The Final Birth Injury Compensation Amount Calculated?
Compensation awarded in successful birth injury claims will include general damages and may also cover the financial losses associated with the injuries. This aspect of the compensation is called special damages. These can only be awarded if evidence of the financial losses can be provided, such as bank statements or receipts. Keep reading for a breakdown of common costs that are added to claims of this nature.
Lost Income
Birth injuries can be extremely traumatic, and you may need time off work to recover. It is not always possible to return to work after an injury, or you may need to seek a different type of employment if your job involves physical labour. If you will suffer permanent effects, this can also be taken into account.
On the other hand, if the injury has affected your child, their ability to work as an adult could be restricted. Legal professionals will take the time to assess the potential future impact of an injury.
Cost Of Care
It may become impossible to complete your daily tasks without assistance. This can be particularly difficult after having a baby, as you may also need to consider child care. Whether your care costs are related to professional care for yourself or the child, this can be considered as part of your birth injury claim.
Medical Costs
Additionally, you could seek compensation for the cost of private medical treatment. For example, you may pay for a private facility to provide your child with specialist paediatric care. Any costs relating to prescriptions can also be considered.
Rehabilitation Costs
Rehabilitation can sometimes require further costs. For example, if your child suffers from Erb’s Palsy after a difficult birth, you may pay for physiotherapy to help their condition. This is often an essential aspect of recovery that can be covered by special damages.
Home Or Car Adaptations
In cases of severe injury, you may need to adapt your home or vehicle in order to go about your daily life. Common examples of adaptations include:
- A wet room to facilitate bathing
- A stairlift
- Handrails
- Widened doorways
- Lowered kitchen worktops
- Outdoor ramps
- Intercom systems
- Swivel chairs
- Transfer plates/hoists
- Steering aids
- Remote control devices
Travel Expenses
Travelling back and forth from medical appointments can add up, especially when you need to attend a specialist facility that is far from your home. If you are unable to drive and need to hire taxis, this can be even more expensive. There, such costs are considered as part of the compensation awarded in birth injury claims.
Can Interim Payments Be Applied For After A Birth Injury?
Yes, you can apply for an interim payment as part of your birth injury claim. This is a payment that some claimants are eligible to receive before the claim is fully settled. There are certain criteria in place that you must meet. For example, you may be struggling financially, and it is clear that the defendant is liable for your birth injuries.
A solicitor from our panel could help you to apply for an interim payment, as they know when it is appropriate and how the process works. You are welcome to speak with an advisor to enquire about this or ask general questions about the calculation of special damages.
How Long Is The Time Limit For Birth Injury Compensation Claims?
The time limit for birth injury claims is generally 3 years from the date of treatment or the date of knowledge. This is established by the Limitation Act 1980. It is not always apparent at the time of the delivery that avoidable harm has been caused by inadequate birth treatment. Therefore, in some cases, the limitation period may not begin until you discover that medical negligence occurred.
However, there are instances where a person cannot claim within the typical limitation period due to an inability to make the required decisions. This applies when the injured party is:
- Mentally incapacitated
- Below the age of 18
We explained previously that another person could claim on their behalf, so you can read that section for more information on this. The person can also make their own claim within 3 years of their 18th birthday or the date on which mental capacity is recovered.
If you’re uncertain, why not speak to an advisor today to find out how long you have to claim for your specific case? They are available 24/7 to assist.
Birth Injury Compensation Claims With Legal Helpline
Our panel handles birth injury compensation claims on the basis of No Win No Fee. This is a great way for eligible claimants to benefit from expert legal guidance without exorbitant fees. A Conditional Fee Agreement (CFA) works along these lines, meaning that there is no need to pay for your solicitor’s fees before the beginning of the medical negligence claim or while it is proceeding.
You also do not need to pay your solicitor for their representation if you do not receive compensation. However, a success fee will be owed on the condition that you are compensated. This is a small percentage of the compensation that you must pay. It is important to consider that there is a legally binding cap in place to protect your interests. This means that you will keep the largest share for yourself.
If you are wondering how a solicitor from our panel could help you, these are some of the excellent services that they offer:
- Explaining how you can prove that birth negligence occurred
- Calculating what damages you should be entitled to and arguing for them to be paid
- Outlining key legal processes and concepts in straightforward terms
- Managing communication with the defending party on your behalf
Contact Our Team Of Advisors
If you are interested in the process of birth injury claims or would like to start a claim yourself, reach out today for free advice. Our team of advisors are dedicated to getting you the information you need to proceed. They may even be able to connect you to an experienced solicitor from our panel and begin your journey towards claiming your rightful compensation.
- Submit an online contact form
- Chat with us live using the pop-up window in the corner
- Call the team on 0333 000 0729
Frequently Asked Questions
The medical negligence process can seem complicated, so keep reading for the answers to some of the questions you may have.
What Are The Symptoms Of A Birth Injury?
The symptoms of a birth injury affecting a mother could include pain, difficulty going to the toilet and issues with mobility.
What Is The Most Common Type Of Birth Injury?
Up to 9 out of 10 first-time mothers will experience some kind of graze, tear or episiotomy during vaginal birth.
How Common Are Birth Injuries In The UK?
1,384 obstetric medical negligence claims were made against the NHS England between 2023 and 2024.
How Long Will A Birth Injury Claim Take To Settle?
How long the process takes depends on the unique factors of your medical negligence claim. These include whether the defendant accepts liability and the nature of your evidence.
Will My Family Need To Attend Court When Claiming Birth Injury Compensation?
Most birth injury claims are settled outside of court. However, in rare circumstances, your family could be required to attend court.
Learn More
Read our other medical negligence claims:
- Learn about leukaemia misdiagnosis claims
- Visit our guide on contraceptive coil negligence
- Find out how to sue a pharmacy for the wrong medication
External resources:
- Read the government’s information on pregnancy and birth
- Find out what complications can affect the placenta
- Visit a government publication on consulting avoidable birth injuries
Thank you for taking the time to read this guide on birth injury claims.
