Birth Injury Claims

The birth of a new baby should be a joyous occasion. But if your baby has been seriously injured during or shortly after childbirth due to negligent medical care, it can be devastating for you and the whole family.

We put our trust in doctors, midwives and other healthcare staff, but if the level of care you receive during your child’s birth falls below an acceptable standard and your baby is harmed, you may be able to make a birth injury compensation claim.

Our specialist team of birth injury solicitors have many years of experience helping people who have gone through the trauma of a negligent childbirth experience.

We understand what you are going through. And we have the in-depth knowledge and expertise to give you the support and specialist legal advice you need to make a successful birth injury claim.

We will leave no stone unturned to secure birth injury compensation for your child. This will mean you can help them get treatment, rehabilitation and support.

Our expertise with birth injury claims

We can help you make a birth injury compensation claim for a wide range of injuries to your baby, including:

• Brain and Head injury (including skull fracture)
• Cerebral Palsy
• Erb’s Palsy (brachial plexus injuries)
• Lack of oxygen (can lead to brain injury, cerebral palsy and damage to the heart, lungs, kidneys, bowels or other organs)
• Broken bones – such as fractured clavicle (or fractured collarbone), broken legs or broken arms
• Neonatal infections (such as Group B strep)
• Stillbirth and neonatal death

Our birth injury lawyers can also help with severe injuries to mothers during the birth of their baby.

Some examples of maternity injuries we can help with include:

• Broken bones
• Uterine inversion
• Nerve injury
• Pelvic organ prolapse
• Vaginal trauma (perineal lacerations or severe tears)
• Bladder and bowel injuries during C-section
• Fatal injury

If you want to make a compensation claim for an injury sustained during labour and childbirth, please visit our birth injuries to mothers page.

How birth injury compensation can help

We understand the needs of our clients with significant disabilities and will provide you with an individually tailored service to achieve the results you and your family want.

Our specialist birth injury lawyers will work hard on your behalf to secure compensation that will provide a full care and support package for your child, which will last a lifetime if that is what is needed.

Any birth injury compensation you receive will help you access specialist services to aid your child’s recovery or help them to live the best life possible with their injury. These may include:

• Comprehensive care and support – this may include daytime carers, night-time carers, and/or case managers to coordinate care plans
• Private medical treatment
• Specialist rehabilitation and therapy – such as physiotherapy, occupational therapy, speech therapy

The compensation secured will also help with the financial impact of your child’s injuries and will cover costs such as:

• Travel to hospital appointments for check-ups and treatment
• Essential housing adaptations (such as widening doorways for wheelchair access or outdoor ramps)
• New accommodation (if needed) – including the ongoing costs involved with additional maintenance
• Specialist equipment – including transport and overhead hoists, mobility aids, etc.
• Loss of income – either your child’s (who may be unable to work in any capacity in the future, or are limited in their choice of work) or as a result of you or your partner taking time off work or unable to work due to providing care or attending appointments

How making a birth injury claim works

Book a free initial consultation with our expert birth injury solicitors

If you would like to claim compensation for a birth injury to your baby, get in touch with our expert medical negligence team for a FREE initial consultation.

Our expert birth injury lawyers will ask you what happened to you and your baby, talk through all the details with you and will work out if you’ll be able to make a successful birth injury claim.

We have regional offices in Bristol, Cardiff, the Isle of Wight, Plymouth, Salisbury, Southampton and Swindon, offering a personal and professional service to clients throughout England and Wales.

To book a free, no-obligation chat with us, call 0345 357 9645, email customersupport@simpsonmillar.co.uk or complete our online enquiry form.

No Win No Fee birth injury compensation claims

We offer No Win No Fee funding, which means there is no financial risk to you or any hidden, unexpected costs. In the highly unlikely event, your claim is unsuccessful; you will not have to pay a penny. Find out more information about No Win No Fee.

Investigating your birth injury claim

Our expert birth injury lawyers will gather the evidence they need to build a strong case for you and your family.

We will gather the documentary and witness evidence needed and work with leading independent medical experts and barristers to help prove your case.

Working out how much birth injury compensation you are owed

The value of your birth injury claim is calculated using several factors, including:

• General damages – the severity and extent of your baby’s injury, illness, pain and suffering, and the impact on their quality of life.
• Special damages – the financial cost including your loss of earnings, medication and treatment expenses, your child’s rehabilitation and care costs, travel expenses to hospital appointments, house and vehicle adaptations, and any specialist equipment needed.

Find out more about how we calculate compensation.

Time limits for birth injury claims

You can claim on behalf of your child at any time before their 18th birthday. Once they are 18, they have until they are 21 to make a claim themselves. But if your child lacks the mental capacity to make their own decisions, there is no time limit.

If you are making a claim for a child who has tragically died due to a birth injury, you have three years to make a claim from the date of their death.

If you have any questions about time limits, you can call us on Freephone 0345 357 9645 or email customersupport@simpsonmillar.co.uk.

Settling a birth injury claim out of court

We settle most birth injury claims out of court. If your child’s medical negligence case must go to court, our expert solicitors will support you throughout the process.

Taking your birth injury claim to court

If we do have to issue court proceedings (for example, because no settlement agreement is reached informally), you will be in safe hands.  We will guide you through the process and ensure you understand what is happening each step of the way.

In many birth injury cases, the claims settle before the official court hearing date. For the small minority that do not, there is nothing to worry about. We will instruct a specialist barrister to represent you at the final hearing and will be with you to support you on the day.

 

Frequently Asked Questions about birth injury claims

What is a birth injury?

A birth injury is any harm that is caused to a baby during or around the time of childbirth. Minor injuries such as swelling and bruising are very common and usually heal quickly. But severe injuries can be caused by negligent medical care for a variety of reasons. Examples include delays in delivery, poor care during delivery or if doctors or midwives fail to diagnose severe conditions or infections such as pre-eclampsia or Group B strep.

Who is responsible for my child’s birth injury?

Your healthcare provider has a legal duty of care to protect you and your baby from harm and to ensure you receive prompt and effective treatment. If your baby has been injured, it may be because the doctor or midwife looking after you during labour and childbirth or in the early days following the birth was not of a competent standard. Birth injury claims can be complex. That’s why it’s essential to speak to a specialist birth injury solicitor who can listen to what happened to you and advise you appropriately.

How do I make a birth injury claim?

It can be challenging to come to terms with what has happened to your baby during their birth. Birth injury claims can be complex, and you may feel daunted about the thought of making a claim for compensation. That’s why it’s vital to speak to a specialist birth injury solicitor who has the experience and expertise to advise you on making a potential claim. Our expert team are on hand to give you all the advice and support you need. You can call us at any time on Freephone 0345 357 9645 or email customersupport@simpsonmillar.co.uk.

Why should I make a birth injury claim?

If your baby has suffered a serious birth injury, it is likely they will need extensive care and support, potentially for the rest of their life. Our specialist birth injury lawyers will work with you and leading medical experts to secure maximum compensation so that you can improve you and your child’s quality of life. We have years of experience working with case managers, physiotherapists and care and support providers to make practical and lasting changes. By securing compensation, you will have the financial means to get professional care and support, adapt your home and buy mobility aids and equipment, and safeguard your child’s financial future so you know they will be cared for later in life.

In addition, our solicitors can help you get answers and find out the truth about why your child’s birth injury happened. This will ensure crucial lessons are learnt and prevent the same avoidable mistakes from happening to other parents.

What will happen to my child’s compensation?

If your birth injury claim is successful before your child reaches the age of 18, their compensation will be paid into the court to be held on trust, where it will be invested on their behalf until they turn 18. As the child’s parent or legal guardian, it is possible to apply directly to the court to release the money to pay for things such as medical treatment or education support, which will only be authorised if the court is satisfied that it is necessary. Any amount awarded to your child has to be approved at an infant approval hearing before any amount can be paid out. Your child may need to attend this hearing, or you may be able to attend on their behalf, depending upon their age and the severity of their injuries. If your child has the capacity to make their own decisions, once they reach the age of 18, the money invested will usually be paid in full together with any interest that has accrued over time.

Can I still claim if my baby has died due to a birth injury?

Yes, if your baby sadly died due to a birth injury and someone else was to blame, you may be able to make a claim on behalf of their estate. Find out more about fatal injury claims.

I’m not happy with my law firm. Can you take over from my current solicitor?

If your current law firm is not giving you the service and support you need during your birth injury compensation claim, you are completely entitled to change solicitors.

Do you have a question we have not answered?

If you have a question that is not listed above, please visit our FAQs page. Alternatively, please get in touch, and we will be happy to answer your query.

Please book your free initial consultation with our birth injury solicitors

If you or a loved one has a birth injury claim, our expert solicitors in Bristol, Cardiff, the Isle of Wight, Plymouth, Salisbury, Southampton and Swindon are here to help.

To start the process of making your compensation claim, contact us on Freephone 0345 357 9645 or online for a free, no-obligation chat.