Birth injury compensation claims solicitors

Birth injury compensation claims

Entrusting the medical team with the wellbeing of both you and your child during birth is a significant act of faith.

Yet, if the care you're provided with doesn't meet the expected standards, the aftermath can be heart-wrenching. Birth-related injuries can leave lasting impacts on both the mother and the child.

Should your child endure an injury during birth owing to substandard care, Stephensons Solicitors LLP is here to assist. Our dedicated team of birth injury solicitors can guide you towards securing the compensation essential for the welfare of your family and the care of your child.

Why choose Stephensons?

We genuinely recognise the profound implications a birth injury can have on an entire family, particularly when caused by medical oversight.

Rest assured, with our expert team, you're placing your trust in individuals who consistently aim for the most favourable outcome for your case. Notably, our firm has been acknowledged as one of the UK's premier birth injury solicitors.

But our commitment doesn't stop at the final compensation amount. We proactively seek early interim payments to aid you during the claim process. Furthermore, our ties with various support groups, charities, and medical experts mean we're well-positioned to recommend you to specialised services tailored to your needs.

If an unfortunate medical error during birth has affected you or your newborn, please reach out to us on 0161 696 6165 to explore the possibilities of a birth injury compensation claim.

What is a birth injury compensation claim?

Claims for compensation related to birth injuries can be pursued if either the mother or the baby experiences harm before, during, or following the birth process. They can be made as result of medical negligence, meaning the medical professionals involved did not meet the necessary standards for safety.

Birth injuries due to negligence can occur in a variety of ways. If the baby has suffered a lack of oxygen, fractures, hip dysplasia, or permanent scarring due to issues during birth it may be possible to claim compensation. Seeking the help of an experienced birth injury solicitor gives you a greater chance of receiving the compensation you deserve.

Fortunately, many of these issues are minor and many babies go on to fully recover from their birth injuries. However, this is not always the case, some birth injuries can leave babies with lifelong disabilities or can lead to a baby being stillborn. If your child requires specific and serious medical attention as a result of a birth injury, this may cause you both emotional and financial stress, which means you could attempt to claim compensation. 

The vast majority of births go well, and in most cases, you will receive exceptional care from doctors and midwives. However, there are times when mistakes are made, and these mistakes can result in serious injuries to the mother and can even result in a fatality. Birth injuries to the mother can include:

• Perineal tears which are not repaired correctly
• Organ injuries due to caesarean section
• Anaesthetic errors
• Mismanagement of pre-eclampsia
• Haemorrhage mismanagement

If you think you have suffered an injury, like the ones mentioned above, and you think it might be partially, or wholly, due to medical negligence, then you could be entitled to claim compensation. At Stephensons, we can bring birth injury claims against both private medical establishments and the NHS. If you, your loved one or your child has suffered a birth injury malpractice, then contact our birth injury lawyers today on 0161 696 6165.

Can I make a birth injury claim?

If you believe that the mother or baby suffered harm due to medical negligence either before, during, or after childbirth, you have the right to initiate a birth injury claim to seek compensation for the damages incurred.

To make a successful birth injury claim, it must be established that the medical professionals in charge acted negligently and that this negligence directly led to the injury. This might involve failures in prenatal care, mistakes during delivery, or inadequate postnatal care.

It's essential to consult with a solicitor who specialises in medical negligence or specifically in birth injuries. We can guide you through the process, advise on the strength of your claim, and help gather the necessary evidence.

How to make a birth injury compensation claim?

If you believe that you or a loved one have been affected by a birth injury caused by negligence it’s important that you receive the compensation that you are eligible for. With the help of a skilled legal team, you can seek advice and support regarding your claim, so that you can devise a strategy that works for you and your family.

Here at Stephensons, our expert birth injury solicitors are equipped to offer you guidance on your claim and understand your unique situation, approaching it with sensitivity and care that it needs. We have managed to successfully assist a variety of clients, with birth injury cases concerning both mother and baby, advising them on the best ways to receive the compensation they need. So, if you are interested in finding out how Stephensons could help you to win your claim and give you peace of mind, why not contact our birth injury claims team today. 

What types of birth injuries can occur due to negligence?

Medical negligence during childbirth can lead to a range of birth injuries. Some injuries are a direct result of inappropriate or delayed medical interventions, while others might arise from a failure to properly monitor and respond to the mother's or baby's needs. Here's a list of some birth injuries that can occur due to medical negligence:

• Cerebral palsy: although not always due to negligence, instances where there's a delay in delivering a baby showing signs of distress can lead to cerebral palsy due to prolonged oxygen deprivation.

• Brachial plexus injury: excessive force during delivery, incorrect handling, or failure to address a shoulder dystocia can result in damage to the brachial plexus nerves, leading to conditions like Erb's Palsy.

• Hypoxic-ischemic encephalopathy (HIE): a lack of timely response to foetal distress signs can result in HIE, which is brain damage from oxygen deprivation.

• Facial nerve injury: inappropriate use of forceps or excessive force can damage a baby's facial nerve, causing paralysis.

• Fractures: notably, fractures of the clavicle or collarbone can result from rough handling or not addressing known risk factors in delivery.

• Skull fractures: these can result from misuse of birth-assisting tools, like vacuum extractors or forceps.

• Spinal cord injuries: these rare injuries might occur due to hyperextension of the baby's head during delivery or misuse of instruments.

• Meconium aspiration syndrome: failure to monitor and respond to a baby in distress can result in the baby inhaling its first stool mixed with amniotic fluid.

• Perinatal asphyxia: a lack of prompt intervention when there are signs of foetal distress can lead to oxygen deprivation.

• Intracranial or subdural haemorrhage: this can be caused by traumatic delivery techniques or instrument misuse.

• Cuts and lacerations: incorrect or hasty use of surgical instruments during caesarean sections can cause unintended injuries to the baby.

• Failure to diagnose or treat infections: negligence in recognising or treating infections in either the mother or baby can lead to severe complications.

• Medication errors: administering the wrong medication or dosage to the mother can adversely affect the baby.

• Failure to recognise a prolapsed umbilical cord: this can lead to oxygen deprivation if not addressed immediately.

• Inadequate monitoring: failure to properly monitor the foetus's heart rate and respond to signs of distress can lead to various complications.

It's crucial for parents who suspect the mother or their child's injury was a result of medical negligence to consult with medical and legal professionals. This ensures appropriate care for the child and holds responsible parties accountable.

Birth negligence - areas of specialism

At Stephensons, when it comes to birth injuries, we specialise in a number of areas, such as:

As you can imagine, there are many different ways in which a mother or child can be injured during birth, meaning there are also many different specific areas of specialism when it comes to birth injury compensation claims. At Stephensons, when it comes to birth injuries, we specialise in a number of areas, so you know that we are able to fully understand your case and support you through what can be a difficult time.

Our birth injury solicitors are able to support you confidently and properly whatever you might be going through, including:

• Cerebral palsy claims (disability caused by damage to the brain before or at birth)
• Erb's palsy (damage to the nerves in a baby’s upper arm)
• Failure to diagnose and treat neonatal conditions
• Negligence during pregnancy
• Negligence during birth

Pregnancy negligence claims

Pregnancy can be both an exciting and anxious time. While many will receive a high standard of care, sadly there are times when a pregnancy can be mishandled by a medical practitioner, such as a obstetrician, midwife or doctor. Our pregnancy negligence claims solicitors may be able to help if you have suffered from the following issues:

• Fertility or IVF negligence
• Failed sterilisation
• Stillbirth or neonatal death
• Ectopic pregnancy negligence

Our expert pregnancy negligence lawyers can help with pregnancy negligence cases as well as midwife negligence claims, whether you’ve undergone treatment from the NHS or through a private medical facility. Contact our pregnancy negligence claims solicitors today on 0161 696 6165.

Birth injury claims FAQs

What is a birth injury?

A birth injury is when the mother or baby suffers a physical injury before, during or after birth. It can also be known as birth trauma. This can happen for a number of reasons and is not always due to medical negligence, however, sometimes, mistakes or poor care can result in birth injuries. For more information and statistics on birth injuries, click here.

How much compensation for a birth injury?

How much compensation you or your family can expect for a birth injury will depend on the severity of the injury and the complications that have arisen. If a birth injury has resulted in a severe disability, such as cerebral palsy, and your child may need lifelong care, it may be possible to get a six or seven-figure compensation pay-out. 

If you find yourself in a situation where you may have been victim of medical negligence or, leading to some kind of birth injury to you or your child, our expert birth injury solicitors at Stephensons will be able to help determine how much compensation you are likely to get for a successful claim with your specific circumstances.

What can birth injury compensation pay for?

Compensation for a birth injury can pay for a number of things that relate to the needs of the injured person, including future treatment, medical equipment, adaptations to your home and vehicle, travel expenses, loss of earnings, occupational therapy, physiotherapy as well as paying for private care for your child. 

Depending on the circumstances of the birth injury and its severity, what you require the compensation for can vary. In some cases, it may not just be medical expenses, but might also be the emotional trauma and stress caused by the birth injury. What the compensation will need to cover will depend on your unique situation, which is something that you can outline and explain to your legal team when you are deciding how to approach the claim. 

How long to make a birth injury claim?

In the UK, the time limit for making a birth injury claim due to medical negligence is subject to specific rules:

For children: if the birth injury occurred to a child, the three-year limitation period doesn't commence until the child's 18th birthday. This means they have until their 21st birthday to make a claim. However, a parent or guardian can bring forward a claim on behalf of the child at any time before they turn 18.

For parents: if a claim is related to injuries sustained by the mother during childbirth, the typical three-year limitation period applies. This would mean you have three years from the date of the injury or from the date when you became aware of the negligence.

Mental capacity: in cases where the injured individual lacks mental capacity, there may be no time limit to bring forward a claim. However, if they regain mental capacity, the standard three-year limit will apply from that point.

Is it possible to sue a hospital for a traumatic birth in England and Wales?

Yes, you can pursue a claim if the healthcare provider failed in their duty to protect you or your child. This applies to both private healthcare providers and the NHS, and you can opt for a no win, no fee arrangement.

How do you recognise birth trauma?

Birth trauma involves physical or emotional distress during or after childbirth. During labour, you might feel afraid, helpless, or unsupported. After birth, you may experience guilt, numbness, or panic attacks due to uncontrollable events. These symptoms signal potential birth trauma.

Is compensation available for birth trauma?

Yes, if you've experienced symptoms like anxiety, distress, or flashbacks due to negligence during childbirth, you may be eligible to claim compensation for traumatic birth injuries.

What is medical negligence for pre-eclampsia?

Medical negligence in pre-eclampsia cases arises when a healthcare provider either misdiagnoses pre-eclampsia, fails to diagnose pre-eclampsia or administers improper treatment due to preventable errors, leading to adverse outcomes for the patient and possibly the baby.

Can I claim for a loved one who died due to a birth injury?

If your loved one has died as a result of a birth injury that was due to clinical negligence, it may be possible to claim compensation. This compensation can be for funeral costs, bereavement damages, dependency claims, counselling, as well as the emotional trauma of losing a loved one unexpectedly as a result of negligence. 

Our expert birth injury solicitors at Stephensons, can help you with recovering compensation, represent you at your loved one’s inquest and we may also be able to help you get access to a statutory bereavement award. So, if you have lost a loved one due to a birth injury, why not contact our legal team today and we can make sure you get the compensation you deserve.

What is the compensation amount for birth injuries?

Compensation for childbirth injury negligence varies depending on the severity of the injuries and the individuals affected, hence there are no fixed amounts set for such claims.

How much compensation can I expect?

The exact amount cannot be predetermined as it hinges on various factors such as personal suffering, recovery duration, financial implications, and the extent of pain endured. Claims are individually assessed, considering the unique circumstances surrounding each case.

How to start birth negligence claims

The best way to start your childbirth negligence claim is to contact one of our expert birth injury solicitors or pregnancy negligence solicitors. You can call us on 0161 696 6165 and we can offer you free initial guidance on your options to determine if you have a claim. Once we have established that you have a viable case, we will set about getting in touch with the relevant parties and amassing the evidence needed.

We often work on a no-win, no fee basis, so you don't have to worry about how you will pay for our legal expertise. 

Support & information - birth injury

Child Brain Injury Trust - provides emotional and practical support to the families of children who have suffered a brain injury.

Sands - supporting anyone affected by the death of a baby.

MedEquip4Kids - help in accessing specialist equipment for children living with disabilities. 

Our birth injury experts

Our firm is experienced dealing with many different types of compensation claims, including birth injury compensation claims. Our lawyers are trained to approach each case with the sensitivity and care that it deserves, understanding that this can be a very difficult time for many people who go through this kind of traumatic experience. We can also make sure that get the support you need, whatever it is you require to help you move past this unfortunate set of circumstances. Having successfully helped many clients, we have built up trust and respect, meaning that they keep returning to seek our expert advice time and time again.

So, why not contact our team today on 0161 696 6165 and find out how we can best help you. We have a number of locations across the country boasting a fine selection of talented birth injury solicitors, including Manchester, London, St Helens, Wigan, and Bolton.