Your Step-by-Step Guide to a Birthing Injury Claim

If you are a survivor of birth trauma resulting in an injury, you may be eligible to claim compensation with the help of our expert Medical Negligence team.

What is a Birthing Injury?

A Birthing Injury can occur when a mother and/or child have experienced complications during childbirth because of neglect under the hospital’s care, resulting in life-changing injuries. Some examples of causes of birthing injuries could be:

Surgical errors
Failure to monitor mother and baby during childbirth
Improper use of equipment
Use of unnecessary force during childbirth

Within Birthing Injuries, there can be many complications for both mother and child, meaning both are eligible to claim.

Examples of injuries that can occur

A few examples of birthing injuries affecting mothers would be:

Vaginal tears
First-degree tears
Second-degree tears
Third- and fourth-degree tears

A few examples of birthing injuries affecting a child would be:

Cerebral Palsy
C-Section Injuries
Facial Paralysis
Brachial Palsy

When are you eligible to make a birth injury claim?

You could make a birth injury claim if your child suffered an injury due to medical negligence at any point from pregnancy through to just after birth.

Common examples of such negligence include:

Excessive force during delivery
Inadequate monitoring
Failure to act on abnormal test results or high-risk situations
Undiagnosed infections
Insufficient neonatal care

Frequently Asked Questions

How is birth injury compensation calculated?

Birth injury compensation is determined by the physical, mental, and emotional impact of the injury, including loss of earnings, care costs, and trauma.

The amount depends on the severity, long-lasting effects, and financial impact. Special damages may be available, considering financial losses such as lost earnings, adaptation costs, and mobility aids.

Our expert medical negligence solicitors will assess the situation and present the best case to seek maximum compensation.

How long do I have to claim?

Claims of this nature are subject to a three-year limitation period. This means that claims must be commenced within the courts in three years of either the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th Birthday.

The law surrounding limitation periods is complex; our specialist team will be able to advise further.

How would I begin to make a birth injury claim?

As this process is most likely very stressful, our legal experts are here to guide you through this process to make it as smooth sailing as possible.

You can make a birth injury claim on behalf of you and your child if you are confident that the birth injury was because of neglect.

To take the first step, you are required to make a claim today by contacting the team using our online enquiry form.

Why should I make a Birth Injury claim?

A birth injury claim can be filed if you or your baby was injured during childbirth due to medical negligence. Although it cannot reverse the incident, it can improve your child’s quality of life and help prevent similar incidents in the future.

A birth injury compensation claim can provide financial support and enhance a child’s quality of life after experiencing pain and life-changing impacts due to substandard care.

Key reasons to make a claim include:

Financial Security: Compensation can cover long-term costs like home modifications, accommodation, schooling, medical equipment, childcare, and transport, aiding in providing necessary care for a child, especially if work ability is affected.
Ensuring Future Care: It allows you to regain some control over your lives and your baby’s by putting essential measures in place for their future health and well-being.
Preventing Future Mistakes: Successful claims can highlight systemic issues and prevent similar medical errors, especially in pregnancy and childbirth cases, which are on the rise.
Seeking Justice and Awareness: While a claim won’t reverse what happened, legal action can aid in recovery, improve a child’s life, raise awareness, and potentially prevent similar experiences for other parents.

Our legal team can help you by contacting them for free, either by phone or online, and if they believe you have a claim, they can connect you with a specialist birth injury lawyer on a no-win, no-fee basis.