Injuries sustained while giving birth can be devastating for both the child and their family. If you or your baby have suffered harm due to medical negligence during pregnancy, labour, or delivery, you may be entitled to make a personal injury claim.
This guide explains the steps involved in pursuing a birth injury claim and how our expert solicitors can help support you through this challenging time.
What Is a Birth Injury?
A birth injury is any harm caused to a baby or mother during pregnancy, labour, or shortly after delivery. These injuries may be temporary or life-altering and can result from mistakes or failures in medical care.
Common examples include:
- Cerebral palsy or other conditions caused by oxygen deprivation
- Erb’s palsy due to shoulder dystocia
- Fractures or nerve damage during delivery
- Mismanaged infections or untreated conditions
- Delayed or inappropriate use of forceps or C-section
When Can You Make a Birth Injury Claim?
To make a successful claim, we’ll be looking to establish that a duty of care was owed by the medical professional which was breached through negligence or substandard care. We will then analyse the harm caused by the breach, whether that’s an injury, or complications that would not have occurred otherwise.
You can claim for injuries to the baby, the mother, or both. Claims can be made by a parent or legal guardian on behalf of a child.
How Long Do You Have to Claim?
For most personal injury claims in the UK, the time limit is three years from the date of injury or from when you became aware the injury was caused by negligence.
However, for children, the three-year limit begins on their 18th birthday (so they have until age 21 to claim). If the injured person lacks mental capacity, there may also be exceptions.
Steps to Making a Birth Injury Claim
Start by contacting our experienced medical negligence team at Harris Fowler. We offer a free, no-obligation consultation to assess your case.
After speaking with our team and establishing a breach of duty, we’ll begin collecting evidence, which may include medical records and hospital notes, witness statements, expert medical opinions, and documentation of financial losses or care needs.
We work with independent medical experts to determine if your care fell below expected standards and if this directly caused the injury.
Negotiating a Settlement
Where possible, we’ll negotiate with the NHS or private healthcare provider to secure compensation without going to court. If necessary, we are fully prepared to represent you in litigation.
Compensation can help cover pain and suffering, as well as:
- Ongoing medical care
- Rehabilitation and therapies
- Specialist equipment
- Loss of earnings (present and future)
- Psychological support
In serious cases, we may also be able to arrange interim payments while your case is ongoing, to help meet immediate needs.
Next steps
If you or your child have been injured in any of the ways outlined in this article, give our team a call and see how our specialist medical negligence teams can help your family on 0800 213 214.
