Birth injuries to the baby compensation claims

If your baby has suffered because of medical negligence during pregnancy, birth or labour, you might be able to bring a claim for compensation, on their behalf.

Janine Collier, Cambridge

Birth injuries to the baby medical negligence claims

We have a strong track-record of helping parents bring claims on behalf of their babies who have suffered complications during the mother’s pregnancy and childbirth.  Our solicitors have years of practical experience in birth injury claims.  You’ll find our medical negligence solicitors friendly and easy to talk to. Therefore, whether you’re looking for a full explanation of what went wrong or financial compensation, we’ll guide you and support you every step of the way.

No win, no fee

We work on a no win, no fee basis, so there’s no need to worry about costs. Plus, our specialist solicitors provide an initial free assessment of your claim.

Examples of birth injury medical negligence claims involving babies

Midwives, doctors and other medical professionals involved in the pregnancy and labour can sometimes make mistakes which may have serious or life-changing consequences for your baby. Birth injury compensation claims normally focus on medical negligence involving:

How a compensation claim can help – compensation for disabled and birth injured babies

If your baby has suffered a birth injury you know how life-changing the injury can be. Nothing can change what happened to your baby – but a claim can help you find out what happened, why and ensure that your baby gets the right care and treatment going forward.

Birth injuries to babies can have lifelong consequences. If your baby has a physical or mental (neurocognitive) disability, a claim can give them financial security and independence for the future. For example, it can cover their care costs, housing requirements, treatment and specialist therapies. 

We’re here to help

Contact us for a free, confidential, no obligation chat, or fill out our enquiry form and we will let you know how we can help. We can also visit you at home if you wish.

Call our Medical Negligence solicitors on 0800 0131165

Enquiry form

What is a birth injury?

A birth injury is an injury to a mother or baby shortly before, during or just after the baby is born. A birth injury is not the same as a birth defect, which is damage caused to a foetus in the uterus.

Examples of birth injuries caused to babies include:

  • Brain injuries , including Hypoxic Ischaemic Encephalopathy; brain haemorrhage; Cerebral Palsy (CP)

  • Serious birth injuries , including broken bones, lacerations or skull fractures; brachial plexus, Erb’s palsy, Klumpke’s Palsy and shoulder dystocia

  • Stillbirth or neonatal death


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What can cause a birth injury to the baby?

It is possible for birth injuries to be caused by a number of potential errors made by hospital staff, including but not limited to:

    • not detecting distress signs shown by the baby, such as an irregular heartbeat or low blood sugar level
    • not delivering the baby quickly enough
    • trying to deliver the baby naturally when it is in an unconventional position.

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Can I bring a claim on my child’s behalf?

Yes. Any injured patient under 18 years of age is considered a child. This means they lack ‘capacity’ to bring the claim themselves and a litigation friend is appointed to bring the claim on the child’s behalf. The litigation friend is often a parent or guardian to the child. However, the court can decide that a different party would be suitable (such as a family friend or a solicitor).

The litigation friend is appointed by the court and must first satisfy certain criteria, such as being able to conduct the claim in both a fair and competent manner in the best interest of the child. A litigation friend must also file and serve a certificate of suitability.

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We understand your situation and our expert team are here to help

Get in touch to speak with someone who can help you move forward.

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