When medical mistakes are made during childbirth, it can lead to devastating consequences. If you or your child has been injured during childbirth due to medical negligence, Slater and Gordon’s specialist birth injury solicitors can help you get the compensation you deserve.
Expectant mothers can often feel extremely anxious and vulnerable during both pregnancy and childbirth. During such an emotional time, it’s important that you receive the best care possible and feel safe with the medical professionals looking after you and your baby.
However, there are times when standards slip, and medical professionals fail to diagnose or treat issues that arise during pregnancy or labour. When this happens, you can be left dealing with unnecessary injuries or illness, some of which can be significant and lifelong. If this happens you could be entitled to make a birth injury compensation claim.
Unfortunately, compensation cannot undo what has happened to you or your child, but it can help to support you financially as your family recovers, as well as providing access to any treatment, care or rehabilitation you or your child may need.
What different types of birth injury claims are there?
There are, unfortunately, many ways a mistake can be made by medical professionals during pregnancy and childbirth, and some pose a significant risk of harm to both mother and baby. The types of birth injuries that then follow can be wide ranging and progress from mild to catastrophic in nature.
However, some of the most common types of birth injury claims our industry leading lawyers investigate, include:
Maternal birth injuries:
Perineal tears
Failure to treat gestational diabetes
Post partum haemorrhage
Post partum infection
Bladder and bowel injuries
Errors in medication or anaesthetic administration
Ultimately, it doesn’t matter what type of negligence caused the injuries to you and/or your baby, only that it caused you harm that could have been avoided if the professionals responsible for your treatment had provided the right standard of care.
How do I know if birth negligence occurred during the pregnancy or birth of my child?
It can be difficult to know whether you have received negligent treatment during the pregnancy or birth of your child for several reasons. Firstly, you will often receive a lot of medical input and often on matters that are foreign to you at a time when your focus is on carrying, delivering and welcoming your baby into the world.
Secondly, labour is often not an easy process, no matter how smoothly it progresses. Where it doesn’t and emergency situations arise, this can lead to high levels of stress, anxiety and potential injury, even when they have been managed with exemplary medical care.
Thereafter, and particularly in cases involving the baby, any signs or symptoms of a possible injury can often take a year or more to start appearing and usually involve the child missing key developmental milestones.
Conversely, birth injuries to the mother are usually easier to identify following childbirth negligence, though this is not always the case.
What are the symptoms of a birth injury?
Symptoms of a birth injury can vary depending upon the damage that has been caused, who has been injured, and at what stage of the pregnancy and/or labour process. However, there are some warning signs to look out for, both immediately after birth and in the longer term.
For instance, baby birth injury symptoms to look out for immediately after birth might include:
Bruising, swelling, forceps marks, or fractures to the skull, legs, arm, shoulder or collarbone
Difficulties suckling, swallowing, or latching
Very stiff muscles (known as hypertonia) or very loose, lethargic muscles (known as hypotonia)
Bluish or abnormally pale skin
A weak, high-pitched cry
Seizures or unusual eye movements
Sensitivity to light
As the months progress, there may also be developmental delays with:
Sitting
Crawling
Walking
Talking
Coordination
Signs and symptoms of birth injuries to the mother might include:
Excessive bleeding
Severe abdominal pain
High blood pressure
Bowel or bladder dysfunction
Third- or fourth-degree perineal tears
High temperature
Increased respiratory rate
Elevated inflammatory markers in blood test results
If you believe you could have a birth injury compensation claim, contact us to establish your full legal position.
A birth injury claim on behalf of the baby can be made by the mother (or birth mother), father, legal guardian, or child themselves once they have attained the age of 18. If a birth injury compensation claim is being investigated on behalf of the mother, the claim will most often need to be bought by the mother themselves, unless their injuries or illness means they are incapable of doing so because they lack capacity. It could then be possible for a partner or family member to make a claim on their behalf as their litigation friend.
If you or your child were injured due to the negligence of medical professionals, before, during or after birth, or you wish to discuss how to make a claim on behalf of a loved one, it is strongly advised that you seek specialist legal guidance to establish your position.
Speak to our birth injury lawyers about your case today
Sadie's story | Mum's Fight For Answers After Losing Baby Due to Hospital Mistakes
Danielle was expecting her first baby girl when hospital errors led to a mismanaged delivery.
Here she bravely recounts the traumatic circumstances that resulted in the tragic loss of her new born, Sadie Pye, and offers advice to others on how she fought to recover.
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It has been a difficult journey recollecting the events of my son's birth, however, we have never felt alone. Jodie kept us well informed and was very efficient at answering any questions, concerns, or general worries. There are no words that can express how grateful are. Knowing he is going to be able to have the right equipment and support to live his life to his fullest potential just puts us at ease, and is such a relief.
Client testimonial for Jodie Cook
We would like to say a big thank you to you personally for doing everything possible to get justice for our son. We feel very privileged to have you on our side and fighting for him, and for us. We appreciate his case is quite a complex one, but you haven't given up on us and you've been in our corner all the way. We're so grateful to you all for everything you've done and are continuing to do.
Client testimonial (for Emma Doughty)
I can't thank you enough for all your hard work. The excellent result means that my child’s future is now secure and I know that she will have the best care and therapy to make sure that she has the best life that she possibly can which means so much to me.
Client testimonial (for Yvonne Agnew)
Making a birth injury claim may seem overwhelming, particularly when you are focused on your recovery, or the recovery of your child, but you don’t need to go it alone. Having the right legal support at your side is crucial in complex medical cases, and our specialist team has a wealth of experience in helping clients secure the compensation and support they need to move forward.
To begin a birth injury claim with us:
Call us on 0330 041 5869 or contact us online today for a no-obligation chat about your case with one of our industry-leading birth injury lawyers
We’ll assess your claim and allocate a specialist birth injury solicitor to your claim, providing you with detailed advice on your funding options, including the availability of No Win No Fee funding (also known as a Conditional Fee Agreement).
As part of your claim, we will then need to access medical records for both you and your baby so they can be collected and reviewed. We’ll then work in tandem with medical experts and witnesses to ascertain the standard of care you and/or your baby received and whether this potentially caused avoidable childbirth injuries.
If failings in care and subsequent injury are identified, our birth injury compensation claim lawyers will notify the defendant of the claim and seek an admission of liability.
Your lawyer and the medical experts will then value your claim and determine what your needs are, both now and in the future, to ensure you and your family have access to the best quality treatment, care, rehabilitation and physiotherapy to maximise the chances of a full recovery and future independence.
We’ll then work hard to secure the best possible compensation in negotiations. Rarely, a claim may go to court, in which case your birth injury solicitor will represent you throughout court proceedings.
Why make a birth injury claim?
Birth injuries can have devastating and lifelong consequences for mum, baby and the wider family, and can often involve expensive support and care. In recent years, the demands for social, community, home care and disability services have increased, while resources have generally declined. This often results in those that require these services not receiving the support they need.
Where the injuries and disabilities have been caused by the negligent actions of a healthcare professional, it is only right that the responsible party makes a compensation payment so that vital, and often private, social, community, home care and disability services can be arranged and paid for.
Claiming birth injury compensation can also help families deal with other financial stresses, including a loss of earnings and any predicted future earnings you may lose if you need to stay at home to care for your child. It can also pay for crucial rehabilitation and any specialised equipment that may be needed.
Critically, making a birth injury claim can help hold those responsible to account, highlighting poor or dangerous practices and encouraging organisations to make improvements to ensure others don’t experience the same harm.
Why should I choose Slater and Gordon’s birth injury solicitors?
At Slater and Gordon, our expert medical negligence team is one of the best in the country, and our solicitors have many years’ experience in handling a range of childbirth negligence claims, from the straightforward to the complex.
We also understand the impact that stillbirth can have on you and your family, particularly if you believe that medical negligence is to blame. We work hard to ensure you get the answers and the compensation you deserve.
We have a national medical negligence team, all of whom only practice in this area of the law.
Our team includes highly experienced in-house midwives and litigation nurses who work collaboratively with our specialist birth injury lawyers. This results in an excellent team that can be relied upon to investigate a medical negligence claim correctly and effectively.
We are ranked in the independent legal directory Chambers and Partners and in the Legal 500, for providing outstanding childbirth negligence services
We are Lexcel accredited, which was introduced by The Law Society as a quality mark for client cases, practice management and legal compliance
Over the years, our dedication to protecting the rights of the individual have resulted in thousands of 5-star reviews and an “Excellent” rating on Trustpilot.
Speak to our birth injury lawyers about your case today
Frequently asked questions about birth injury claims
How long after a birth injury can I make a claim?
If you believe you have a claim, seek advice from a birth injury law firm as soon as possible, as there are time limits in place in England, Scotland and Wales.
Generally, a claim should be made within three years from the date the negligence occurred or the date you were first aware that you had suffered a significant injury or illness due to negligence. This is known as the ‘limitation period’.
However, there are exceptions, including bringing a claim on behalf of a child. In this scenario, a claim can be brought on the child’s behalf at any point up until their 18th birthday. If you are bringing a claim on behalf of an adult that does not have capacity, there may not be any limitation period at all.
In any event, it is always advisable to seek specialist legal advice as quickly as possible and while the events are still fresh in your memory and before records are destroyed in years to come.
How much does it cost to make a childbirth injury claim?
The majority of our childbirth medical negligence claims are funded by a Conditional Fee Agreement, otherwise known as a No Win No Fee agreement. This means if you lose your case and you have complied with the straightforward terms of your No Win No Fee Agreement, you will not have to pay any fees and therefore, there’s no financial risk to you.
Where a child has suffered from a neurological injury at birth or within the early neonatal period, Slater and Gordon are able to offer legal aid funding. It's important to note that not all law firms are able to offer legal aid. For further information, about funding, read our medical negligence fees page.
How much can I claim for childbirth injuries?
Every childbirth injury claim is different, and the final amount of compensation awarded will be based on the severity of the injury and the effect the injury has and will have for the rest of life.
Additionally, you’ll also be able to claim for any lost earnings, any long-term care, rehabilitation and any necessary house adaptations to maximise the chance of recovery and independent living.
We’ll also ensure that any childbirth negligence claim includes the cost of everything necessary to provide you with the best quality of life possible in the future, such as future care costs, future treatment and future loss of earnings.
To make a successful birth injury claim, you must be able to prove that the medical professional (or professionals) who looked after you owed you a duty of care, and that a breach of this duty caused you avoidable and unnecessary suffering.
The core evidence in your claim will be your medical records. We’ll access these with your permission, and our experienced birth injury lawyers may review the records alongside our in-house litigation nurses and independent medical experts to identify where and how the negligence occurred.
You may also need to attend a medical examination with an independent medical practitioner, who will assess the extent of the injuries, the impact that this has both in the short and long term, and the likelihood of a full recovery.
Other evidence could include witness statements, expert witness testimony, and records of any financial losses owing to the injuries.
Can I access rehabilitation and specialist medical support for my child as part of my claim?
Yes, you can access support services as part of your claim where a defendant has admitted liability and agrees to make an interim payment of account of compensation. We take a holistic approach to every claim we pursue and will request interim payments at the earliest opportunity to ensure that you and your family have access to any additional support, rehabilitation or medical treatment you may need.
We can also provide comprehensive support in various areas of law, including Court of Protection, wills and probate, family law, and employment law, and offer the expertise of independent financial advisers to assist with welfare benefits advice and safeguarding your compensation. You can trust us for all your legal needs with our seamless, end-to-end service.
Can I get financial support before my claim for birth injury compensation is settled?
As above, interim payments are payments which are made before your case reaches a final conclusion. They can be extremely useful for those who've experienced a birth injury as they can pay for private medical treatments, rehabilitation support and equipment, as well as providing financial support if there’s been a loss of earnings.
Contact us to establish your full legal position by calling 0330 041 5869.
Can I make a birth injury claim for someone else?
It may be possible to make a birth injury claim on behalf of a loved one if they are not able to do so for themselves. Cases where this may be possible include:
Claiming on behalf of a child (under 18 years old)
Claiming on behalf of someone with diminished mental capacity
Claiming after a fatal accident
If you wish to discuss the possibility of claiming on behalf of someone else, our expert birth injury lawyers will be happy to discuss this with you in more detail. Speak to us today on 0330 041 5869 or get in touch online to request a call back.
Can I switch birth injury lawyers during my case?
Yes, you can. You are entitled to choose your own representation in any legal proceedings, which means that you can change your solicitors whenever you wish, even if you have already started your claim.
There are many reasons you may wish to switch your solicitor, including a lack of expertise, poor communication, and delays in progressing your claim.
If you, your child, or a loved one has suffered unnecessary harm due to a birth injury, and you feel that you're not getting the support and specialist legal advice you need from your current solicitor, we'll be happy to discuss switching your case to Slater and Gordon.
It has been a difficult journey recollecting the events of my son's birth, however, we have never felt alone. Jodie kept us well informed and was very efficient at answering any questions, concerns, or general worries. There are no words that can express how grateful are. Knowing he is going to be able to have the right equipment and support to live his life to his fullest potential just puts us at ease, and is such a relief. Client testimonial for Jodie Cook
We would like to say a big thank you to you personally for doing everything possible to get justice for our son. We feel very privileged to have you on our side and fighting for him, and for us. We appreciate his case is quite a complex one, but you haven't given up on us and you've been in our corner all the way. We're so grateful to you all for everything you've done and are continuing to do. Client testimonial (for Emma Doughty)
I can't thank you enough for all your hard work. The excellent result means that my child’s future is now secure and I know that she will have the best care and therapy to make sure that she has the best life that she possibly can which means so much to me. Client testimonial (for Yvonne Agnew)