Birth Injury Claims – How Much Compensation Could I Claim?

Pursuing a birth injury claim for compensation due to medical negligence may be the last thing on your mind. However, while compensation may not help reverse what has happened, it can help victims of medical negligence in many other ways.

In our guide to birth injury claims, we’ll explain when a claim might be possible if you or your baby have suffered avoidable injuries. As we progress, we’ll explain what types of negligence could cause birth injuries, how medical negligence claims work, and what amount of compensation might be awarded.

If you are considering making a birth injury claim, we can help. We have a team of friendly advisors who will discuss your case with you during a no-obligation telephone consultation. They will also explain your legal options. Should you have grounds to proceed, we could connect you with a medical negligence solicitor on our team on a No Win No Fee basis.

After reading this guide, please get in touch on 0800 6524 881 if you have any questions or would like to start a birth injury claim.

Am I Eligible To Make A Birth Injury Compensation Claim?

All medical professionals, whether working for the NHS or privately, have a duty of care towards their patients’ safety while they are providing treatment. This includes doctors, surgeons, midwives, nurses, and anaesthetists. If they breach that duty of care, and either you or your baby suffers an injury as a result, you may be eligible to make a birth injury claim.

You might be wondering whether you have the grounds to make such a claim. Typically, you will need to demonstrate two key points:

• Breach of duty: This occurs when a medical professional (or hospital) delays, fails to act, or makes a mistake that a competent professional in the same field would not have made in similar circumstances.
• Causation: You must show that the injury sustained by either the mother or baby was a direct result of the breach of duty.

To assess whether a breach of duty occurred, the Bolam test is often applied in medical negligence claims. This involves a peer review of the medical professional’s actions. The test seeks to determine whether those actions would be deemed acceptable by a responsible group of professionals in the same medical field. If other professionals would have acted similarly, then the practitioner is unlikely to have breached their duty of care.

If a breach of duty is established in your birth injury claim, your medical negligence solicitor will proceed with gathering evidence to prove that the injury was caused by the breach.

Common Birth Injuries Caused By Medical Negligence

Below, we have outlined some of the most common injuries to both mother and child that could result in a birth injury claim.

Birth Injuries To Child

Birth Injuries To Mother

If you would like to start a claim for injuries to yourself or on behalf of your baby, please get in touch. Our team will review your case in detail so that they can explain your legal options.

Types Of Negligence That Can Result In Birth Injury Claims

In this section, we’ve listed examples of negligence that could result in birth injuries. Please note that these are just a few scenarios. If you don’t see your exact situation here, you could still be entitled to compensation. Some common examples of negligence include:

• Misdiagnosis or delayed diagnosis of pre-eclampsia.
• Failure to perform a timely C-section.
• Avoidable injuries during a vacuum or forceps delivery.
• Medication errors.
• Mistakes when administering anaesthetic.
• Failing to identify umbilical cord problems.
• Avoidable bladder or bowel injuries during surgery.
• Failure to identify dangerous medical conditions.
• Hospital infections caused by poor hygiene.
• Failure to monitor fetal distress.
• Improper monitoring during labour.
• Failure to manage gestational diabetes.
• Failure to detect and manage infections.

If you or your baby have suffered due to medical negligence during childbirth, we could help you make a claim. Our team can review your case and help you decide whether you have the grounds to pursue compensation.

How Compensation For Birth Injury Could I Claim?

Claiming compensation for birth injuries can be tricky because it’s necessary to work out what suffering you or your child have endured and might endure in the future. Importantly, every birth injury claim is unique as compensation amounts are based on individual circumstances. While we can’t, therefore, tell you how much compensation will be awarded, we can explain the types of compensation you might be able to claim, including:

• General damages. These cover pain, suffering, and loss of amenity due to the birth injury.
• Special damages. These cover any financial losses or expenses caused by the birth injury, including medical costs, care costs, travel expenses, lost income, future loss of earnings, and modifications to your home or vehicle (if the birth injury results in disability).

General damages and special damages are explained in more detail here.

To ensure you receive the correct level of compensation, a medical assessment may be necessary. For some birth injuries to children, this could be an ongoing process, as it may take time to fully understand the long-term effects. In such cases, a solicitor might request interim payments to help cover immediate needs before the claim is settled in full. These payments can provide financial support while the claim is being processed.

If you would like to know more about what could be included in your birth injury claim, please get in touch and we’ll review your case with you.

Birth Injury Compensation Calculator

Once you have had a medical assessment, your solicitor can refer to the Judicial College Guidelines (JCG) to calculate how much birth injury compensation might be awarded. The JCG lists injuries and settlement ranges based on their severity so legal professionals can look to it for guidance when settling claims. Again, the payout amount for your injuries (general damages) is just one part of the claim. Other factors will also be considered so please use our calculator for guidance only.

Due to the number of different injuries possible during childbirth, not everything is included here. Therefore, please call if you don’t see yours listed. An advisor will review your case and provide a compensation estimate for each injury.

Evidence To Support A Birth Injury Compensation Claim

To successfully claim compensation for a birth injury, you’ll need to provide strong evidence that shows both the injury and the negligence involved. Here are some of the key pieces of evidence that can support your case:

• Medical records. Obtaining detailed medical records for both the mother and child is vital. These records can help show what went wrong during childbirth, from prenatal care to delivery and postnatal treatment.
• Expert medical reports. Your solicitor will likely arrange for independent medical experts to review your case. Their reports can assess the severity of the birth injuries, the impact they’ve had, and whether negligence contributed to the outcome.
• Witness statements. If there were any witnesses present during the birth, such as family members or medical staff, their statements can help support your version of events. Their accounts may confirm important details about what happened during labour and delivery.
• Incident reports. If the hospital or medical staff filed any internal reports following the incident, these can provide useful information. You have the right to request copies of these documents, which may show any investigations or acknowledgments of mistakes.
• Photographs or videos. In some cases, visual evidence of the birth injuries or the conditions of the delivery room (if there were hazards) can be very helpful in establishing what went wrong.
• Correspondence. Any communication you had with the hospital or medical staff before, during, or after the birth can provide context for your claim. Emails, letters, and other forms of communication can be useful in proving negligence.
• Personal statements. Keeping a detailed record of how the injury has affected your child’s or your life. This includes documenting the physical, emotional, and financial impact of the injury over time.

For free advice on any evidence you may already have for a birth injury claim, please contact us for a consultation today.

Time Limits For Claiming Birth Injury Compensation

You may already know that claiming birth injury compensation is generally time-limited. For claims made by adults, the time limit is usually 3 years starting from the date of the birth injury. However, in some cases the date of knowledge might apply.

However, the claims process for children is different. If your baby is injured during childbirth, the 3-year time limit does not begin until they reach their 18th birthday. You can, however, claim on their behalf at any point before they turn 18. Additionally, if your child’s injury is such that they will never have the mental capacity to represent themselves, the time limit will not apply, and you can file a claim on their behalf at any time.

In both scenarios, you would act as their litigation friend if you decide to represent them. When a birth injury claim is handled in this way, the court will review any compensation offer to ensure it is fair and takes into account the child’s suffering, both now and in the future.

If you’re unsure about how much time you have left to make a birth injury claim, please call us today, and we’ll be happy to provide legal advice.

Do I Need A Medical Negligence Solicitor To File A Birth Injury Claim?

Although you’re not required by law to use a medical negligence solicitor to make a birth injury claim, having professional legal representation can be vital. These types of claims usually involve complex medical evidence and legal processes, and without the right support, you may find it challenging to secure the compensation you or your child deserve.

If your case is taken on by a medical negligence solicitor from our team, they’ll review your case in full to ensure they understand exactly how you’ve suffered. They’ll then arrange to collect medical reports and arrange for independent specialists to review the injuries you’re claiming for.

So that you don’t have to handle complex legal or medical questions, your solicitor will shield you from all communications. Where needed, they’ll fight your corner by providing extra evidence if needed. They’ll also use their legal acumen to try and ensure that you or your baby are compensated fully.

Additionally, all of their work will be provided on a No Win No Fee basis so there’s effectively no financial risk to you. If your case is accepted, you won’t need to pay upfront, and you’ll only pay legal fees if your birth injury

claim is successful. This allows you to focus on recovery without worrying about the cost of pursuing justice.

Starting The Birth Injury Claims Process

If you’re considering starting the birth injury claims process, please don’t hesitate to contact us on 0800 6524 881. Alternatively, our claims advisors are available via live chat, or you can fill in a contact form on our website to arrange a callback at your convenience.

We provide a no-obligation case review along with free legal advice. If you decide to proceed, and your case is accepted, your solicitor will deal with everything on a No Win No Fee basis.

If you have any further questions on birth injury claims, please don’t hesitate to get in touch.