Specialist Medical Negligence Solicitors Supporting Families Across England and Wales
Pregnancy and childbirth should be a time of excitement and hope. While most pregnancies result in the safe delivery of a healthy baby, mistakes during antenatal care, labour, delivery or postnatal treatment can have devastating consequences for both mother and child.
When healthcare professionals fail to provide an acceptable standard of care, the effects can be life-changing. Birth injuries may result in lifelong disabilities, ongoing medical treatment, emotional trauma, and significant financial pressures for families.
At Harris Fowler Solicitors, our experienced medical negligence solicitors support families affected by maternity negligence and birth injuries. We understand the challenges you may be facing and are committed to helping you secure the answers, accountability, and compensation you deserve.
What Is a Maternity or Birth Injury Claim?
A maternity or birth injury claim is a type of medical negligence claim brought when substandard care during pregnancy, labour, childbirth or the postnatal period causes avoidable injury to a mother or baby.
Not every complication during pregnancy or delivery results from negligence. Pregnancy and childbirth involve inherent risks, even when appropriate care is provided.
However, if healthcare professionals failed to provide treatment that met accepted professional standards and this directly caused avoidable harm, you may have grounds to make a claim.
Common Examples of Maternity Negligence
Medical negligence can occur at any stage of maternity care.
Common examples include:
Delayed Diagnosis of Pregnancy Complications
Healthcare professionals should recognise and respond appropriately to conditions such as:
- Pre-eclampsia
- Gestational diabetes
- Placental problems
- Maternal infections
Delays in diagnosis or treatment can place both mother and baby at risk.
Failure to Monitor Mother or Baby
Continuous or appropriate monitoring during labour can help identify signs that urgent intervention is required.
Failures to recognise concerns such as fetal distress may result in avoidable injury.
Delayed Emergency Caesarean Section
Where an emergency caesarean section is clinically indicated, unnecessary delays may increase the risk of serious injury to the baby or mother.
Mismanagement of Labour
Examples include:
- Failure to recognise prolonged labour
- Incorrect use of forceps or ventouse
- Failure to respond to complications during delivery
- Poor management of shoulder dystocia
Medication Errors
Mistakes involving medication during pregnancy or childbirth may result in avoidable complications.
Postnatal Negligence
Care after delivery is equally important.
Examples include failures to diagnose:
- Severe bleeding (postpartum haemorrhage)
- Infection
- Blood clots
- Maternal sepsis
- Newborn infections
- Jaundice requiring treatment
Common Birth Injuries
Birth injuries may affect either the baby, the mother, or both.
Injuries to Babies
Examples include:
- Cerebral palsy caused by avoidable oxygen deprivation
- Brain injuries
- Hypoxic-ischaemic encephalopathy (HIE)
- Erb’s palsy
- Brachial plexus injuries
- Fractures
- Facial nerve injuries
- Developmental disabilities linked to birth trauma
Some children may require lifelong specialist care and support.
Injuries to Mothers
Maternal birth injuries may include:
- Severe perineal tears
- Pelvic floor injuries
- Obstetric anal sphincter injuries (OASI)
- Uncontrolled postpartum haemorrhage
- Retained placenta complications
- Uterine rupture
- Psychological trauma, including post-traumatic stress disorder (PTSD)
Can You Make a Maternity Negligence Claim?
You may be entitled to compensation if it can be shown that:
A Duty of Care Existed
Healthcare professionals providing maternity care owe both mother and baby a legal duty of care.
That Duty Was Breached
The care provided must have fallen below the standard expected of a reasonably competent healthcare professional.
The Breach Caused Avoidable Harm
It must also be established that the negligent care directly caused injuries that could probably have been avoided with appropriate treatment.
Independent medical experts are usually instructed to assess whether the care met accepted clinical standards.
What Compensation Can Cover
Every family’s circumstances are different. Compensation is intended to help address both the immediate and long-term impact of negligent maternity care.
Depending on the case, compensation may include:
General Damages
General damages compensate for:
- Pain and suffering
- Physical injuries
- Psychological harm
- Loss of amenity
- Reduced quality of life
Special Damages
Special damages may include:
- Past and future medical treatment
- Rehabilitation
- Specialist therapies
- Care and support
- Mobility aids
- Prosthetic equipment where appropriate
- Home adaptations
- Adapted vehicles
- Educational support
- Loss of earnings
- Future loss of income
- Lifetime care costs for children with permanent disabilities
In cases involving catastrophic birth injuries, compensation may provide financial security for decades of ongoing care.
The Importance of Early Rehabilitation
Where appropriate, rehabilitation should begin as soon as possible rather than waiting for the conclusion of a legal claim.
Depending on the circumstances, your solicitor may be able to:
- Arrange an Initial Needs Assessment
- Work with rehabilitation providers
- Seek interim payments where liability is admitted
- Help you access specialist therapies and equipment
Early intervention can often improve long-term outcomes for both mothers and children.
How Long Do You Have to Make a Claim?
Time limits vary depending on who has been injured.
Generally:
- Adults usually have three years from the date of negligence or the date they first became aware that negligent care caused their injury to begin court proceedings.
- Claims on behalf of children can often be brought by a parent or litigation friend before the child’s 18th birthday. If no claim is made during childhood, the child will usually have until their 21st birthday to issue proceedings.
Because limitation rules can be complex, it is important to seek legal advice as soon as possible.
How Harris Fowler Solicitors Can Help
We understand that pursuing a legal claim after a traumatic birth experience can feel overwhelming.
Our specialist medical negligence solicitors will:
- Listen carefully to your concerns.
- Obtain and review your medical records.
- Instruct independent medical experts.
- Explain whether the care provided met acceptable standards.
- Value your claim accurately.
- Support you throughout every stage of the legal process.
We work with families across England and Wales, combining legal expertise with compassionate, client-focused support.
Where appropriate, we can also advise on No Win No Fee funding, helping you pursue your claim without paying legal fees upfront.
Contact Harris Fowler Solicitors Today
If you or your child has suffered avoidable harm because of negligent maternity care, specialist legal advice can help you understand what happened and whether you may be entitled to compensation.
The experienced medical negligence team at Harris Fowler Solicitors is here to support you with clear advice, sensitivity, and expert representation.
Contact us today on 080 213 214 to arrange a confidential discussion about your circumstances.
Frequently Asked Questions
Can I claim if my baby suffered a birth injury?
Potentially. If independent medical evidence shows that negligent maternity care caused an avoidable birth injury, you may have grounds to pursue compensation on your child’s behalf.
What if I suffered injuries during childbirth?
If your injuries were caused by substandard maternity care, such as delayed treatment, poor surgical technique, or a failure to recognise complications, you may also be able to bring a medical negligence claim.
How much compensation could I receive?
Compensation depends on the severity of the injuries, the impact on your life, and any financial losses or future care needs. Serious birth injury claims involving lifelong disabilities can result in substantial compensation because they often include the cost of lifelong care and support.
Will making a claim affect my future NHS treatment?
No. Making a medical negligence claim should not affect your right to receive ongoing NHS treatment. Healthcare providers remain responsible for delivering appropriate care regardless of whether a patient pursues legal action.
