March 01, 2021

Guide To Making Birth Injury Claims

When it comes to giving birth it is meant to be a joyous occasion for all those involved. Bringing new life into the world should not end in someone suffering. Birth Injury Negligence can cause significant amounts of distress and leave either Mother or Child with life changing injuries as a result of incompetence from a medical professional.

If you or someone you love has been injured during birthing as a result of the wrongdoings of a medical professional then you may be entitled to compensation. Our specialist solicitors with years of experience are ready to act on your behalf as soon as possible.

Simply submit an enquiry through our website or call us directly on 0800 999 3372 and start your journey towards the compensation you deserve today.

What is a Birth Injury?

A birth injury is an injury that has occurred either during or after childbirth. Mistakes do happen but should never result in someone suffering. When it comes to the injuries some may be physical whereas some being neurological or nental. A physical injury is an injury that has impacted someone’s physical state such as fractured bones, tearing to muscles or blood loss. As for neurological or mental injuries this would consist of nerve damage that leads to brain damage. The injuries are based upon being either permanent or temporary as well as being mild or severe.

What are the causes of Birth Injuries?

There are many different causes of injuries, some can be as a result of medical negligence from before the birth till after the birth:

  • Failure to examine prior to the birth
  • Failure to investigate prior to the birth
  • Failure to monitor both Mother and Child during birthing
  • Incorrect use of birthing equipment
  • Failures relating to after birth care

Child Births are sometimes not as straightforward as what they are meant to be and if the midwives or doctors are not prepared for complications then mistakes can be made. Whether it’s down to inexperience or the luck of the correct skill set to carry out what is necessary, no patient should be left suffering as a result of this. Our Birth Injury Solicitors can help get a compensation claim underway for you or a loved one today if there have been failures throughout pregnancy, during childbirth and after childbirth.

What injuries can be caused during childbirth?

There are numerous birth injuries that can be caused by NHS Negligence. Lucky for some, injuries can be identified quickly and treated accordingly whereas for other injuries it can take years for them to present themselves.

Below are a few examples of the most common childbirth injuries and how these may have been caused:

Cerebral Palsy

Cerebral Palsy can be caused by a medical professional's failure to correctly monitor the child during birth. This can lead to oxygen deprivation for the child (Hypoxia) and the effect this can have on a child can dictate their quality of life. This condition can impact the child’s brain function, mobility or both and result in lifelong care being required.


The most common fracture during childbirth is a fracture to the child’s clavicle. The clavicle can sometimes break during a breech delivery or when there is trouble delivering a child’s shoulder. This can be picked up when there is very limited movement in the arm on the side of the break

Hip Dysplasia

This is a condition in which the hip socket does not cover the entire of a ball of one of the thigh bones. This can allow easy dislocation as well as a greater risk to quicker wear and tear of the joint and/or socket. If a first time Mother is not coached through childbirth correctly; a child is not picked up as measuring large or there is a breech birth, this condition can be caused as a result of medical negligence.

Perineal Tear

There are a number of ways tears can occur during childbirth but are most commonly as a result of a mother being incorrectly coached through contractions or as a result of a traumatic forceps delivery. The test is graded from a 1st degree to a 4th degree. 1st degree tears are usually small and will heal over time. As the degree of the test progresses, the larger they become, and the more likely stitching will be required. 3rd and 4th degree tears are often referred to as “front to back tears”, and should not be occurring during childbirth as they can lead to bowel and sphincter issues if treated incorrectly.


Infections can be contracted by both Mother and Child as a result of medical negligence childbirth. If a Mother’s waters have broken but the child is not delivered within a 24-hour period an infection can develop due to the lack of amniotic fluids surrounding the child. Common infections are E-coli, Group B Streptococci and Anaerobic Bacteria. Infections can also occur in wounds caused by the childbirth if they are not treated correctly.


When bringing new life into the world the last thing you would expect to happen is for one to end but this can occur due to negligence. The most common causes for someone to pass away during childbirth is severe blood loss and septic infections. If these are not treated correctly the consequences can be fatal.

If you or someone close to you has suffered from any of these examples above as well as any other types of negligence during childbirth contact us today and our solicitors can help you in suing the NHS.

No Win No Fee Medical Negligence Solicitors

Why should I claim?

There can be multiple reasons as to why you should bring forward a claim for birth injury compensation. With having your experiences voiced it can help prevent the event happening to someone in the future and help hospitals recognize an area which requires extra staff training or highlight an area in which something may require a new guideline to be implemented. If mistakes that have occurred are identified and investigated by hospitals then improvements can be made.

If an injury has been caused due to negligence it may have led to life-altering changes to you or your child and therefore you should be entitled to compensation for this. As a bare minimum you can be compensated for the period of time you were left in pain and suffering, however if the injuries are long lasting our NHS Negligence Solicitors can help you claim compensation for the following:

  • Loss of earnings
  • Financial burden
  • Care/treatment costs
  • Rehabilitation
  • Home adaptations

Is there a time limit to claim?

When it comes to Birth Injury Claims the time limit can alter depending on who has suffered from the negligence.

If the negligence has occurred to the mother and they are over the age of 18, they have a 3 year period to bring forward a compensation claim for medical negligence towards the NHS. The 3 year period will begin when a claimant is reasonably aware there has been negligence and should claim as soon as possible.

If the negligence has occurred for someone under the age of 18 their 3 year period will begin on their 18th birthday. This essentially gives them till their 21st birthday to claim. If you want to claim for someone under the age of 18 you are required to be over the age of 18 and be their parent or guardian to do so.

If the victim of the negligence has suffered from a severe injury and resulted in brain damage, then the time limit may not exist. The extent of the brain damage will be assessed by a solicitor but is usually depending on their mental capacity and if they require extensive care. A good judgment of this is if someone is incapable of managing their own finances and requires a full time care due to their restricted quality of life.

If the negligence has occurred to someone who has sadly passed away the 3 year period for Suing NHS for Negligence will begin from the date of death. Our specialists can assist on the limitation periods and determine when they begin and how they impact your particular case.

How do I start my claim?

If you are thinking “Can I Sue the NHS” due to negligence you may have suffered then do not hesitate and get in touch with us today. Simply submit an enquiry through our Contact US page or call us directly on 0800 999 3372. Our specialist legal advisors will be able to distinguish if you have a claim for Birth Injury Negligence today and be able to assist in having a No Win No Fee Compensation Claim started.

Our specialist Medical Negligence Lawyers will be able to start an investigation into your case and assist in obtaining the compensation you deserve. With years of experience and specialists within each area of childbirth negligence, we can guide you through the process of How to Sue the NHS and give you and your family justice.

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