Birth injury claims

Birth injury claim FAQs

• What is a birth injury claim?

  A birth injury compensation claim is a legal process through which families can seek financial compensation for injuries sustained by a newborn, or the mother, during childbirth.

  These injuries can result from medical negligence or errors made by healthcare professionals, ranging from the improper use of medical instruments to the failure to monitor the baby’s vital signs, or a delayed response to that complication. The aim of compensation is to cover medical expenses, ongoing care, and other related costs to support the child’s wellbeing and development. Pursuing a birth injury claim can help families secure the necessary resources to provide the best possible care for their child now and in the future.

• What is a birth injury?

  A birth injury refers to any harm or damage sustained by a newborn, or mother, during the process of childbirth. These injuries can range from minor bruises or fractures to more severe conditions like:

  • Cerebral palsy
  • Nerve damage
  • Brain injuries

  Birth injuries to the mother can include:

  • Tearing
  • Uterine rupture
  • Bladder and bowel injuries
  • Haemorrhage
  • Psychological trauma

  Birth injuries are caused by several things, including prolonged labour, the baby’s size or position, or complications during delivery. In some cases, it’s unfortunately medical errors or negligence by healthcare professionals can also lead to birth injuries. The impact of these injuries can vary, with some requiring immediate medical attention and others necessitating long-term care and support.

• What can cause birth injuries?

  Birth injuries can occur naturally because of unforeseen complications/pre-existing medical conditions, or as a result of medical negligence. Medical negligence that can result in birth injuries includes:

  • Improper use of delivery tools
  • Failure to perform timely C-section
  • Excessive force during delivery
  • Delayed medical intervention leading to prolonged/difficult labour
  • Undiagnosed/untreated infection
• How do I make a birth injury claim?

  We understand that as well as being worried that something has gone wrong during the birth of your child, you may be in pain, and you may be upset and confused. To put you at ease, a member of our experienced team will talk to you about your concerns and advise on what steps can be taken. They will also discuss with you how your claim can be funded.

  To talk to us about making a claim:

  Call us on 03700 868687

  OR

  Message us using our enquiry form and we will get in touch.

  We will be with you throughout the legal process, visiting you in person to help you find out what has happened and to claim compensation for you and your family if there has been medical negligence.

• Can we help with NHS Early Notification Scheme claims?

  Introduced by the NHS in 2017, the Early Notification Scheme (ENS) aims to identify instances where there may have been substandard maternity care resulting in a baby suffering a potential brain injury. We have a team of specialist lawyers, with extensive experience in representing children and families who have suffered birth injuries, who can support you/advise on ENS claims.

  Read more about the NHS Early Notification Scheme.

• Can I get legal aid funding for a birth injury claim?

  Legal aid can help cover the costs of pursuing a compensation claim if you or your child has suffered a birth injury due to medical negligence. When we speak to you, we will be able to assess whether you will be eligible for legal aid. If you are not eligible then we can advise you about other methods of funding, including no win, no fee agreements.

  Talk to one of our medical negligence lawyers to find out if you qualify for legal aid.

• Can I make a claim on a ‘no win, no fee’ basis?

  Yes, you can make a birth injury claim on a ‘no win, no fee’ basis. This type of arrangement, also known as a Conditional Fee Agreement (CFA), means that you will only need to pay legal fees if your claim is successful. If your claim is not successful, you won’t owe any legal fees, which removes the financial risk associated with making a claim.

  We will discuss the details of the ‘no win, no fee’ agreement with when we take your case so help you fully understand the terms and any potential costs involved.

• How long does it take to settle a birth injury compensation claim?

  The time it takes to settle a birth injury compensation claim can vary widely depending on:

  • Complexity of the case: More complex cases, especially those involving severe injuries can take longer to resolve.
  • Evidence gathering: The time needed to collect medical records, expert opinions, and other evidence can impact the duration of the claim.
  • Defendant’s response: If the healthcare provider admits liability, the process can be quicker. However, if they contest the claim, it may take longer and could potentially go to court.
  • Negotiation and settlement: The majority of claims are settled out of court through negotiations, which can speed up the process.
  • Court proceedings: If it is necessary to start court proceedings, it can take several years to reach a conclusion. However, there are still opportunities to settle the claim throughout that process.

  Once a settlement is agreed, you can expect to receive your compensation within a few weeks.

  Each case is unique; speak to one of our specialist solicitors who can provide a more accurate timeline based on the specifics of your situation.