Birth Injury Claims — Medical Negligence Compensation

Birth Injuries and Clinical Negligence

The majority of births occur without complication, but obstetric emergencies require skilled, prompt and appropriate management by midwives and obstetricians. Where the clinical team fails to recognise a deteriorating situation, delays an emergency delivery, applies inappropriate technique or makes other errors in the management of labour and delivery, the result can be a birth injury with lifelong consequences for the child and devastating impact on the whole family.

Birth injury claims are among the most significant and complex in clinical negligence law. The medical issues are technically demanding, and the compensation involved — particularly for children with severe cerebral palsy or hypoxic brain injury — can be among the largest personal injury awards made, reflecting the lifetime of care, therapy, specialist equipment, supported living and lost educational opportunity that the child's injuries represent.

Types of Birth Injury Caused by Negligence

Hypoxic-Ischaemic Encephalopathy (HIE)

HIE is brain injury caused by a combination of oxygen deprivation and reduced blood flow to the brain during the perinatal period. It can result from prolonged labour complications including cord compression, placental abruption, shoulder dystocia or uterine rupture that are not managed with sufficient urgency. HIE can cause cerebral palsy, cognitive impairment, epilepsy, visual impairment and other permanent conditions.

Cerebral Palsy

Cerebral palsy is a group of permanent movement and posture disorders resulting from injury to the developing brain. Where the brain injury occurred during labour and delivery due to preventable hypoxia, an obstetric negligence claim may succeed. Not all cerebral palsy is caused by negligence — some arises from genetic or antenatal factors beyond anyone's control. Expert neurological evidence is needed to determine causation.

Erb's Palsy (Brachial Plexus Injury)

Erb's palsy results from injury to the brachial plexus nerves during delivery, most commonly during shoulder dystocia (where the baby's shoulder becomes impacted behind the mother's pubic bone after delivery of the head). Where excessive lateral traction was applied to the baby's head rather than recognised shoulder dystocia manoeuvres (such as McRobert's manoeuvre, suprapubic pressure, or internal rotation), this may amount to negligence.

Neonatal Fractures and Other Physical Injuries

Clavicle fractures, skull fractures and other physical injuries caused by excessive force or incorrect instrument use (forceps, ventouse) can also give rise to claims where the cause was negligent management of the delivery.

Limitation Periods for Birth Injury Claims

For injuries to the child, the three-year limitation period begins on the child's 18th birthday and expires on their 21st birthday. A parent or litigation friend may bring the claim on the child's behalf at any time before the child's 18th birthday. There is no strategic benefit in waiting — acting early protects the evidence and allows the child to access interim payments for care and therapy sooner.

A mother who suffered personal injury (including psychiatric injury) as a result of negligent obstetric care has her own three-year limitation period running from the date of the delivery or date of knowledge.

No Win, No Fee Birth Injury Claims

We act under a Conditional Fee Agreement. If the claim fails, you pay nothing. If the claim succeeds, a success fee may be deducted from your compensation.