Birth injury claims

If you or your baby have experienced a traumatic birth and are looking for compensation, you could be entitled to make a birth injury claim with Blackwater Law.

mother and new born baby holding hands

Making a birth injury compensation claim

During pregnancy, you will rely heavily on a range of medical professionals for advice and guidance. This will include your GP, midwife, nurses, and hospital doctors. If the advice or care you receive at any stage during your pregnancy or labour falls below what should be reasonably expected, you may be entitled to make a traumatic birth compensation claim.

  • Specialist birth injury solicitors
  • No win, no fee claims
  • Independently recognised as experts

What is a birth injury?

A birth injury is any physical injury that can occur before, during or after childbirth. Birth injuries can affect both the mother and the baby. They happen when something goes wrong during the natural process of childbirth, or can occur as a result of negligence on the part of the medical professionals.

You can read more about what causes birth injuries in this article.

Get expert legal advice

Call today and speak to our specialist birth injury solicitors. Find out if you can claim compensation.

CALL 0800 083 5500

Types of Birth Injuries you can claim for

Birth injuries can occur to both babies and to the mother. In some cases, they can arise because of negligent care by the hospital, or medical professional.

Types of birth injuries to mother:

Midwife Negligence

Any situation where the actions or inactions of your midwife during pregnancy, labour or post-birth, results in unnecessary harm or distress to the mother or baby, you could claim for midwife negligence compensation.

Blackwater Law successfully represented the family of baby Blake in making a midwife negligence claim after the community midwife failed to notice a severe medical abnormality.

New-born baby in hospital

How long does a birth injury claim take?

As with most medical negligence cases, it’s difficult to give a timeframe for how long your claim could take. Every case is different and will involve varying levels of evidence, discussions and investigations which all influence how long a claim could take.

Some more complex birth injury cases such as those involving cerebral palsy, can take many years for the claim to be resolved due to the amount of investigation and negotiation that is needed.

With each stage of a birth injury claim potentially requiring years to conclude, it is not unreasonable to expect a timeline of around five years from the point of submitting your claim. You can read more in our article below.

Birth Injury Claims – What is the process and how long does it take?

How much compensation could I receive for birth trauma?

Establishing how much compensation you could receive in a birth injury claim is often difficult. Each claim is different and each family that is affected will be in different circumstances and require varying degrees of future assistance. All of this will be factored in when it comes to calculating the compensation awarded in your claim.

The level of compensation will be greatly affected by the severity of the injury, the effect it has on your life currently, and the effect that it will continue to have in the future. For example, a child who develops cerebral palsy due to negligence will likely receive significant compensation, sometimes in the millions of pounds.

This is due to the fact that the ongoing cost of care for the rest of the child’s life will be expensive, and therefore have to be factored into the compensation that is awarded.

How is medical negligence compensation calculated?

How long do I have to make a birth injury claim?

Like all other cases of medical negligence, in most circumstances, you will have three years from the date of the incident to bring forward a birth injury claim. If you were not aware that any negligent act had occurred until a later date, the three-year time limit begins once you have become aware of negligence. Trying to bring a claim forward after the limitation period has been reached will be extremely difficult.

There are some exceptions to the limitation period which can apply in cases of birth injury. If the injury is to a baby, then you will have until the child’s 18th birthday to start a claim. Once the child turns 18 the three-year limitation period begins.

There is another exception where if the person concerned does not have what is called ‘mental capacity’ then there is no limitation period to bring a claim unless they regain capacity at a later stage.

Limitation periods can be difficult to establish in cases, so if you’re unsure speak to one of our team today who can help you with your claim.

Helpful Articles

If you have suffered an injury because of poor care, you may want to sue the NHS for negligence. This complete guide can help you make the best decision for you and your family. More
If you’ve been let down by medical professionals responsible for your maternity care, seeking redress through a birth injury compensation claim can be an effective means of securing the support that you need to get life back on-track More
If you have questions surrounding your pregnancy, labour or post natal care, we may be able to provide answers for you. More

No Win, No Fee Birth Injury Claims

When you call us and receive free initial advice, if we believe you or your baby may be entitled to compensation, we will agree to represent you in your claim on a no-win, no-fee basis.

This means that there is no risk to you. If your claim is unsuccessful, you will not have to pay any legal fees. Blackwater Law undertakes all medical negligence claims on a no-win, no-fee basis.

Client testimonial

It seemed like we were the only case that Jason was working on, and that can’t be true, but that’s how he made us feel.

Mr Shaw, as featured in video above.

Specialist Birth Injury Solicitors

Blackwater Law medical negligence solicitors are experienced in advising clients in relation to claiming compensation for injuries and ailments sustained during birth. This includes injuries to the mother or baby or negligence caused by a midwife.

The experience and reputation of the team at Blackwater Law mean they are approached for advice by families across the country. Our team is accredited by the Legal 500. It is recognised as one of the leading teams of medical negligence lawyers in the South East.

Get Expert Legal Advice

Call today and speak to our specialist birth injury solicitors. Find out if you can claim compensation.

CALL 0800 083 5500