Bringing Birth Injury Compensation Claims
Doctors and midwives strive to keep both mother and baby healthy, and most deliveries are successful. However, tragically mistakes still happen, sometimes leading to a birth injury claim or pregnancy negligence, due to staff shortages or poor decision-making.
Common Birth Injury and Pregnancy Negligence Claims
Here are some of the most common cases our medical negligence solicitors handle:
These claims can arise from birth injury or pregnancy negligence, including mistakes before, during, or shortly after delivery.
- Substandard care: Poor medical care can harm both mother and baby, such as severe tears during delivery causing long-term complications.
- Failure to fully advise about birth options: Doctors must provide informed consent, explaining risks and alternatives (as reinforced by the Montgomery case, 2015). Large babies, for example, may result in complications like Erb’s Palsy.
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Failure to advise on potential disabilities: Pregnant mothers must be informed about probable conditions or developments, enabling early support or termination if necessary (unwanted pregnancy claims).
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Ectopic pregnancy: Developing an ectopic pregnancy can lead to fertility issues or death if not treated promptly. Read our ectopic pregnancy case studies to learn how we can help if an ectopic pregnancy does occur.
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Severe morning sickness (hyperemesis gravidarum): Untreated cases may cause permanent disability and affect birthweight, a risk factor for cerebral palsy.
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Sterilisation or vasectomy failures: Substandard care or poor advice can form the basis of claims.
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Low birthweight: is a risk factor for cerebral palsy, which is the most common cause of disability in early childhood.
Other examples include:
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Delays in treatment during pregnancy, labour, or delivery
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Failures to request medical review by midwives
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Delayed notification of consultants or paediatric teams
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Failure to recognise baby distress or placental abruption
Who Can Bring a Birth Injury Claim?
If you have suffered maternity negligence, whether through the action or inaction of a medical professional, you can bring a claim. You can also clain on behalf of:
- A child injured at birth where negligence resulted in their injury or disability
- Someone with reduced capacity who experienced maternity negligence
Landmark Development in 'Lost Years' Damages
From 2026, children harmed at birth can claim additional loss of earnings or pension for reduced life expectancy caused by medical negligence. This is called “lost years” damages but children have been prevented from claiming them since a Court of Appeal decision in 1982. This follows a Supreme Court ruling in favour of a child with severe cerebral palsy injured at birth.
