Birth injury compensation claims

What birth injuries to mothers may occur? 

Many injuries to mothers caused by birth trauma are perfectly normal and simply require some well-earned recovery time after giving birth. Some, however, are more serious, often caused by complications due to medical negligence, malpractice or lack of required care, and can cause permanent physical and mental harm that is difficult to recover from. Such injuries include, but are not limited to:

• Bladder and bowel injuries caused by Caesarean (C-section) errors.
• Birth injuries after the use of forceps or vacuum delivery.
• Issues with suturing (stitching) and post-natal infections.
• Placental abruption where the placenta separates early from the uterus.
• Delay, misdiagnosis or pre-eclampsia.
• C-section trauma.
• Perineal tears or internal damage (while such injuries - especially ‘minor' tears - are considered common, if a third or fourth-degree tear was missed or wrongly treated, you may be able to make a birth injury compensation claim).
• Nervous shock following a traumatic birth.
• Anaesthetic errors.

If a more severe birth injury to the mother does occur, we're here to help and support you through your recovery. Not only can we help you claim birth trauma compensation, which will help you cover the costs of any additional medical care required to get you back to health and enjoying motherhood, but hopefully get you the apology you deserve too. 

You can speak to our freindly helpline advisors who can talk through your circumstances and provide all the support you need for your claim. If your experience or injury isn't listed above, please don't worry - our advisors are trained and ready to help you.

What birth injuries to babies may occur? 

As a mother, you of course do everything you can to protect and nurture your baby, before, during and after birth. And whilst child birth is often the most magical, wonderful experience, it can also be extremely dangerous for the baby, despite the care and love being provided by the mother. 

Due to factors such as medical mishandling, the provision of incorrect treatments and medication, and other forms of negligence, a baby can suffer harm during birth. In these instances, injuries caused may include:  

• Cerebral palsy
• Brain injuries
• Fractures or cuts
• Muscular injuries such as Erb's palsy or brachial plexus

It is almost unthinkable, but birth injuries can sadly also lead to stillbirth or death. In these situations, we're on hand to offer genuine, caring advice and guidance through the first steps to receiving birth trauma compensation that may help you through your physical and mental recovery. So, when you're ready to have a chat with us, and only when you're ready, we will be here for you. You can call us on , request a call back or even start your claim online today.

What are the main causes of birth injury?

Child birth, as amazing as it is, always carries a risk - despite best efforts to ensure it is as safe and straightforward as possible. In addition to the care provided by the mother during pregnancy and the birth itself, midwives and hospital staff are entrusted with providing all that's necessary to minimise the risk of injury to the mother and baby. 

With risk, there can sometimes be mistakes. Even during child birth. Medical negligence and poor quality of care provided could result in birth injury to the mother and/or baby, leaving lasting effects on their health. Clinical errors that could lead to birth injury and trauma include:

• Failure to recognise dangerous conditions in the mother or child.
• Poor care during the delivery.
• Incorrect medication or mishandling.
• Failure to identify, prevent or treat infections - such as meningitis.

No matter the birth injury suffered, and no matter what the cause, birth trauma can be one of the most difficult, life defining experiences endured by mother and baby. If you need help taking the next steps on your recovery, or are unsure whether you've experienced medical negligence and simply need some advice, our friendly helpline advisors are here for you. We have the experience to help you and will be happy to answer any questions you may have. 

Why make a birth injury claim with National Accident Helpline?

Suffering from the effects of birth trauma is difficult, so if you're deciding whether to make a birth injury claim it is important to know know that we are here to support you, offer advice and help you along the way. 

With more than years_since years' experience, we've helped many people in a range of medical negligence during childbirth cases. We understand the importance of making sure the process is as simple and stress-free as possible. That's why we take the time to explain each step of the process, so you know exactly what to expect. If you'd like to go ahead, we'll pass you on to one of our specialist birth trauma solicitors who has the expertise and know-how to get you the right result.

We're proud that our customers have rated us as ‘Excellent' on Trustpilot. Read some of our customers' stories to see how we've helped  them to get their lives back on track.

How do I make a birth injury claim with National Accident Helpline?

If you or your baby have suffered injury or trauma during child birth, we know that you'll need making a birth injury compensation claim to be as easy, straightforward and stress-free as possible. This is why our advisors are on hand, ready to help. Simply call us on for a free, confidential chat.

Starting with a friendly conversation, we'll ask a few simple questions to begin with. This is just to find out a bit more about the treatment you received and your experience, so we can understand the best way to provide help and support to you. We can usually let you know on your first phone call whether we think you can make a claim. If so, there's never any obligation to go ahead.

If you would like to proceed, your advisor will put you in touch with the right birth injury solicitor for your case. All our birth injury solicitors work to the highest of standards, and you can be sure that they'll explain the process to you fully and clearly so you know what will happen. They'll also speak to you about no win no fee and the costs that will be deducted if your case is successful.  

As your claim progresses, your solicitor will negotiate on your behalf and keep you updated about what's happening every step of the way, leaving you with one less thing to worry about as you focus on your recovery.

Is there a time limit for making birth injury claims?

Limitation periods do apply to birth injury claims. In the case of an injury to your baby, you can bring a claim any time up until their 18th birthday. If no claim is made in that period, they can make the claim themselves as a young adult in the three years between their 18th and 21st birthdays.

If your baby has suffered a birth injury that has damaged their mental capacity to an extent that it will not improve as they get older, there are no time limits for lodging a medical negligence claim through your birth trauma solicitor.

How do I know if I can make a birth injury compensation claim?

This is where we come in. If you've suffered birth injury or trauma, we'll be able to investigate your circumstances and offer advice as you take your next steps. 

In some cases, birth injuries to a mother or a child are immediate and obvious. Whether that harm is caused by medical negligence or not is something that investigation by the hospital concerned and/or through a birth injury compensation claim will decide.

However, we understand that some birth injuries aren't always immediately obvious. For instance, cerebral palsy caused by deformation or injury to the brain during development or birth may not become apparent until the child has grown sufficiently for the condition - and cause - to be properly diagnosed.

You can be assured that, whatever the circumstances of your birth injury experience, we're here for you to chat to whenever you're ready. We'll give you the independent and clear advice that will help you to decide what next steps, if any, you'd like to take.

If you think you have a case to claim birth injury compensation, or perhaps Cerebral palsy compensation or Erb's palsy compensation, be sure to contact us for friendly, helpful advice on or fill out a call back form to speak to our helpline advisors at a time that best suits you.

How common are birth injury claims?

Official figures published in the 2020/21 Annual Report from NHS Resolution, the official body that handles medical negligence claims made by NHS patients across the UK, show that obstetrics (medicine and surgery relating to childbirth and midwifery) accounted for:

• 11% of all clinical negligence claims reported.
• 59% of the total value of all clinical claims received.

The latest figures released in 2020 by the Royal College for Obstetricians & Gynaecologists (RCOG) show that:

• There are 700,000 babies born in the UK every year, more than 1,000 babies suffered a catastrophic birth injury or worse. It may be a tiny proportion of the total, but that in no way lessens the dreadful impact upon the families concerned.
• Of the infants where the case provided enough information to review the quality of medical care given, RCOG judged that 71% may have had a different outcome with different care.

You can read more about the College's findings on severe birth injuries.

How much birth injury compensation will I receive?

We know that, for many people, it is important to know how much compensation they'll receive from a successful birth injury claim, as it would help them to plan for their recovery. Unfortunately, as there is no specific or set amount, and it differs from case to case, we are unable to provide exact figures. We can however advise that the amount of compensation you are entitled to will be calculated in line with the injuries and suffering you've experienced.

With this in mind, our birth injury solicitors will ask you about the severity of your trauma and the impact it has had on your life. This will allow them to calculate the damages (compensation) you should receive, including both general and special damages. Here are some of the things that your solicitor will take into consideration:

• In the first instance, birth injury compensation will cover the pain and suffering caused by the incident itself. This is called general damages.
• You may also need financial support to help to pay for medical equipment, treatment, medication or rehabilitation, as well as any necessary alterations to your home. These are called special damages.
• You may have had to take time off work, or maybe even find a new job altogether. Your compensation could help cover the costs of lost earnings so that you can focus on your recovery or care for your child.

Beyond financial pressures, we know that birth injuries and the trauma they cause can have serious psychological and emotional impact too, affecting your daily life, the way you go about everyday tasks, work and socialising. These things are important to you, so they're important to us. For this reason, your birth injury solicitor will make sure you're covered for any impact the incident has had on you and your child's life.

While we can't provide an exact example of the compensation you may receive, you may find our birth injury compensation calculator useful as a place to start your journey. In a few simple steps you can find out a guideline compensation figure based on average birth injury settlements in the UK. Should you need any help, give us a call on - our friendly advisors will be happy to talk you through it.

Can birth injury claims be made against a private healthcare provider?

If in the last three years you have suffered a birth injury due to medical negligence under NHS care, we can indeed help you get the support, help and compensation you deserve. As with all birth trauma cases, our friendly, personal injury advisors will ask you about your situation and ensure that your claim proceeds as smoothly as possible.

We understand that some people may feel uncomfortable making a successful claim against the NHS, through worry that such a claim will be made against the NHS budget. Please be assured that this is not the case. All NHS complaints including medical negligence during childbirth cases are handled by their own specialist insurer, NHS Resolution.

Can birth injury claims be made against a private healthcare provider?

If you have experienced a birth injury due to medical negligence from a private healthcare provider, you can of course make a claim. Birth injury claims must be made within three years of the incident occurring.

As stated by The General Medical Council (GMC), private medical professionals have their own liability insurance to cover any disputes where medical negligence may have taken place. This means that birth injury compensation claims against private healthcare providers work differently to those against the NHS.

Can I make a birth injury claim on behalf of my child?

In many birth injury cases, claims are made on behalf of a child that suffered trauma during birth. Such claims can be made on a child's behalf any time up until their 18th birthday. Between 18 and 21 years of old, children have three years to make their own claim if their parent hasn't done so before their 18th birthday. 

We understand that brain conditions like cerebral palsy that affect movement and coordination will not be immediately obvious and can take time to be properly diagnosed, and in such cases it may be necessary to wait until a claim can be made.

Can I or my child have access to long-term medical treatment and rehabilitation?

The additional medical treatment, rehabilitation or long-term care that is - or may be - needed for mother or baby in birth injury claims is called special damages. Should you wish to pursue a claim, the firm of approved birth injury solicitors we connect you with will assess those needs. These will form an important part of your medical negligence claim. If your claim is successful, they'll be able to make sure you receive all the assistance you need as part of your settlement.

Use our birth injury compensation calculator to get an idea of the birth trauma compensation you could receive by making a claim. We refer to the 15th edition of the Judicial College Guidelines when providing rough estimates on birth injury settlements.