Birth Injury Compensation Claims

On this page:

• What is a birth injury claim?
• How do birth injury claims work?
• Who will pay my birth injury compensation?
• How can I pay for a childbirth injury claim?
• How much birth trauma compensation could I receive?
• Is there a time limit on childbirth injury claims?
• How long do birth injury claims take?
• Why should I make a birth injury claim?

What is a birth injury claim?

Pregnancy and childbirth are exciting times for parents. But if you received substandard care and you or your child were harmed as a result, you could have grounds for a birth injury claim.

Some of the most common birth injuries affecting mothers include:

• Damage to the pelvic floor muscles
• Fissures or tears
• Infections after giving birth
• Nerve damage, which can lead to incontinence

Medical errors made before, during or after childbirth can also result in injuries to babies. Examples of this include:

• Broken bones during delivery
• Cerebral palsy due to lack of oxygen
• Erb’s palsy, which can cause nerve damage in the arm
• Facial paralysis after a forceps delivery
• Scalp swelling after a vacuum extraction

We understand how distressing and traumatic birth injuries can be. But we’re here to help you pursue the justice and support you deserve.

Our medical negligence solicitors are experienced in the field of birth injury law. They’ll do all they can to secure a settlement, as well as helping you access medical treatment and any home modifications you may need.

How do birth injury claims work?

The first step to take if you believe you have a claim is to contact our team. Our compassionate and understanding advisors will first take some details from you, before letting you know if you could have a case.

If we think you do have grounds to claim, we’ll ask if you’d like to be matched with a specialist birth injury lawyer. They’ll discuss the claim with you and start to put your case together by compiling evidence and expert assessments.

The evidence collected by your solicitor will be presented to the healthcare provider’s legal team. They will then have to either accept or deny responsibility. If responsibility is accepted, your solicitor will start to negotiate a settlement.

If the healthcare provider involved denies liability, your solicitor will present further evidence and work to settle your case out of court. It is unlikely that you’ll need to appear in a courtroom, so you shouldn’t let this put you off making a claim.

Who will pay my birth injury compensation?

If your baby was delivered by the NHS, a body called NHS Resolution will be responsible for paying your compensation.

NHS Resolution has its own budget, and money is put aside every year to cover the cost of payouts. This means that your claim against the NHS will not directly impact their finances.

If you were in the care of a private healthcare provider when you gave birth, it is their insurer that will manage your birth injury compensation claim. All private healthcare organisations have insurance in place to cover claims made against them.

How can I pay for a childbirth injury claim?

We know you might have concerns about how much it could cost in legal fees to make a claim. But in England and Wales, our specialist birth injury solicitors will be able to handle your claim on a No Win No Fee basis.

A No Win No Fee agreement means there will be nothing for you to pay your solicitor upfront and no legal fees to cover if your claim is unsuccessful.

Birth injury claim FAQs

How much birth trauma compensation could I receive?

The amount of traumatic birth compensation you receive will depend on the type of injury you or your child have suffered. How much you receive can also depend on how severe the injury is, and how long its effects are likely to last.

For a general idea of how much your claim could be worth, try our free birth negligence compensation calculator. This will let you know how much you could be owed for your pain and suffering. But you may also be entitled to special damages.

Special damages will consider the financial losses associated with your claim. This could be lost earnings if you’ve had to stop working, the cost of adaptations to your home or vehicle, or expenses related to mobility aids and specialist equipment.

Is there a time limit on childbirth injury claims?

If you’re making a claim for your own birth injuries, you will have three years to do so. But we would recommend starting the process sooner rather than later.

Seeking legal advice early will help your solicitor gather relevant evidence to support your claim, such as medical records and witness accounts. It may also be easier for you to remember what happened.

The time limit is slightly different if you’re claiming on behalf of your child. You’ll be able to claim compensation at any time before they turn 18. They’ll then have until they’re 21 to take legal action themselves.

Most parents decide to start a claim while their child is still young, as this can help to cover some of the costs associated with additional care and medical treatment.

How long do birth injury claims take?

Birth injury claims can be complex, so it’s difficult to say exactly how long the process will take from start to finish.

Some cases involving birth injury are resolved within a few months, while others will take years.

Your solicitor will be able to give you a better idea of how long your claim could take to settle after speaking to you. They'll then keep you updated at every stage, so you won’t be left wondering where you are in the process.

If your healthcare provider admits responsibility for the negligence you suffered, your solicitor can apply for interim payments on your behalf. These will be paid to you before your case is settled, allowing you to cover any immediate costs while the case is ongoing.

Why should I make a birth injury claim?

Starting a claim won’t reverse what happened, but it could help you to recover and make your child’s life more comfortable.

Taking legal action could also help to raise awareness and prevent other parents from going through the same experience. In 2023/24, 12.8% of all medical negligence claims were related to pregnancy and childbirth, which is an increase from previous years.

We understand that you might be hesitant to make a claim at what will already be a difficult time. But if you decide to get in touch with us, we’ll work to your schedule and at your pace.

Our advisors are here to listen and support you. We’ll never pressure you into going forward with a claim.

To speak to us for free, just give us a call or start your claim online. We’re here to help, whenever you’re ready.