Birth injury claims

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Mother making birth injury claim

Giving birth always carries a risk. However, there are certain standards the doctors and midwives should uphold to help minimise those risks. And if they fail to do so, the consequences can be life-changing, or even fatal.

We know that seeking birth injury compensation is likely to be the last thing on your mind at such a traumatic time. But if you or your baby were harmed, either during pregnancy or labour, it’s important that you seek financial justice – and, here at Injury Lawyers Direct, we’re here to help.

As leading medical negligence solicitors, we can take care of your birth injury claim, guiding you step-by-step through the legal process and maximising your chances of a successful outcome. To discuss your case and eligibility with a member of the team, simply call 0800 110 5888.

The simple way to make a birth injury claim

Of course, everyone wants the birth of their child to go as smoothly as possible. But as wonderful as the medics usually are, things can and do go wrong. And when they do, it can be difficult to cope.

Birth injuries to either you, as the mother, or your baby can be devastating – often having a long-term or permanent impact. You may have been affected physically and/or psychologically. Recovery can be very slow and you may be unable to return to work, leading to financial difficulties too.

We understand that you’ve been through so much already. It’s going to take time to adjust to what has happened and it’s natural for you to be overwhelmed by the prospect of a legal case. Which is why, we promise to make the process as straightforward and stress-free as possible.

Seeking compensation is important, but it shouldn’t add to your worries – so let us take care of it for you. We can oversee the entire birth injury compensation claim on your behalf, supporting you and your baby during this difficult time – whilst working hard to get the outcome that you deserve.


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Claims for birth injuries to both mum and baby

Sometimes, birth injuries are immediate and obvious. In other cases, they develop slowly over time. But either way, you can talk to us. Whatever the circumstances – if you or your baby were harmed due to mishandling, incorrect treatment, or a medical mistake, we should be able to help.

Not only are we a team of specialist birth injury solicitors, we also have access to consultant insurers, medical negligence barristers and medics – who have unrivalled knowledge and experience in this field. And as such, we’re able to assist with claims for a diverse range of birth injuries.

This includes injuries to you, as the mother, such as:

  • bladder and bowel injuries caused by c-section errors
  • birth injuries after the use of forceps or vacuum delivery
  • issues with suturing and post-natal infections
  • placental abruption
  • delay, misdiagnosis or pre-eclampsia
  • c-section trauma
  • perineal tears or internal damage
  • nervous shock following a traumatic birth
  • anaesthetic errors

As well as injuries to your baby, including:

  • cerebral palsy
  • brain injuries
  • fractures or cuts
  • muscular injuries (e.g. Erb’s palsy, brachial plexus)

This is by no means a full list. So, if your specific birth injury isn’t outlined above, it’s still worth getting in touch. We can also assist with birth injury compensation claims for the stillbirth or death of a child during labour. Whenever you’re ready, we’re here for you – to support you through one of the most difficult times of your life and ensure you and your family get the justice you deserve.

Am I eligible to make a birth injury claim?

According to the British Trauma Association, around 30,000 women a year experience some form of birth trauma in the UK. The Royal College for Obstetricians and Gynaecologists (RCOG) has also stated that 1000 babies a year suffer a birth injury or worse. And in 71% of cases, they believed a better outcome may have been possible if a higher quality of care had been provided.

If you and/or your baby have suffered any kind of injury or trauma – due to somebody else’s negligence or careless treatment – by law, you should be entitled to make a birth injury claim. And it’s important to seek your rightful compensation for the pain, suffering and losses experienced.

Some of the most common examples of birth injuries are listed above.

But it’s important to note, the term ‘birth injury’ doesn’t just cover injuries during labour and the delivery. It also includes any injuries that occurred, or errors made, during the pregnancy (which potentially led to a wrongful birth), as well as inadequate care received in the post-birth period.

What’s more, it doesn’t matter whether the injury happened in an NHS hospital, a private facility, or even at home. Or whether it was the institution itself or an individual doctor or midwife at fault. If the care you received was negligent, and the injury avoidable, you should be eligible to claim.


How long do I have?

Depending on the nature of the claim, various time limits apply.

If you’d like to claim on behalf of your child, there isn’t too much of a rush. You can do so at any point up until their 18th birthday, and then, you’ll have a further three years to take legal action. If your child doesn’t have mental capacity, there will be no cut-off and a claim can be made at any age.

Claims for yourself, as the mother, are a little more restricted. You’ll have just three years to start proceedings, either from the date of the injury or the date when you first became aware of the negligence that caused it.

This same three year limit also applies if your child suffered a stillbirth or neonatal death. You will need to start legal proceedings within three years of the official date of their death.

This is why, if you think you could be entitled to compensation, it’s worth contacting our birth injury solicitors as soon as possible. Not only can we advise on your eligibility to make a claim, we can also indicate your chances of success and – if you wish to go ahead – start work immediately.

pregnant woman who makes birth injury claim

Contact our birth injury solicitors today

For more information on how to claim birth injury compensation, you can either send us a message via our online contact form or give us a call on 0800 110 5888. We’re always happy to chat and offer a free no-obligation consultation. Just tell us a little bit about your experience and we will advise on your eligibility (and your chances of success) and talk you through the next steps.

There’s absolutely no pressure to take things any further. We simply offer our advice and allow you to make an informed decision. But if you do wish to proceed with legal action, we can then manage the birth injury claim for you on a ‘no win no fee’ basis – with zero financial risk to yourself.