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.
Posted on 4th March 2026
As clinical negligence solicitors, we are often asked by parents whether their child’s difficulties could have been caused by mistakes during pregnancy, labour, or shortly after birth.
It is an incredibly sensitive and emotional topic for many families. While not every birth injury is a direct result of negligence, there are circumstances where substandard medical care may have caused avoidable harm.
In this article, I explain when a birth injury may have occurred due to negligence, the warning signs to look out for, and what practical steps you can take for your child.
What is a Birth Injury?
A birth injury relates to harm sustained by a baby before, during, or shortly after delivery. Some injuries are unfortunately unavoidable. However, others may arise because healthcare professionals failed to act in accordance with accepted medical standards.
In the UK, maternity care is commonly provided within the NHS, though can also involve private medical vicinities. Regardless of where care is delivered, all medical professionals owe a duty of care to both mothers and their babies. If the duty is breached and an injury results, there may be grounds for a clinical negligence claim.
When May Negligence Occur?
While every case turns on its own facts, birth injuries may arise in the following situations:
Failure to Monitor the Baby Properly
During labour, the baby’s heart rate should be carefully monitored, signs of distress such as an abnormal heart rate can indicate lack of oxygen which, if left untreated, may result in avoidable brain injury and lead to conditions such as cerebral palsy.
Delay in Carrying Out a Caesarean Section (C-Section)
There are circumstances where an emergency c-section is required to prevent harm to the baby. A negligent delay in performing this procedure can result in serious and permanent injury.
Mismanagement of Shoulder Dystocia
Shoulder dystocia occurs when the baby’s shoulder becomes stuck during delivery. It is a recognised obstetric emergency however, sometimes, practitioners may fail to recognise the extent of this complication, apply inappropriate manoeuvres or excessive traction, this can cause brachial plexus injuries, leading to weakness or paralysis in the baby’s arms.
Failure to Diagnose or Treat Maternal Conditions
Injuries may also arise during pregnancy due to failure to manage conditions such as pre-eclampsia, gestational diabetes or infections. If these conditions are not properly monitored or treated, they may result in premature birth, brain injury, or stillbirth.
Neonatal Mismanagement
After delivery, newborn babies must be assessed and monitored. Negligence may arise if there is a failure to resuscitate properly, treat jaundice, diagnose infection or effectively monitor within neonatal units. In these situations, early intervention is often critical to prevent long-term harm. If there were delays or omissions in treatment, then negligence may have occurred.
Signs That a Birth Injury May Have occurred
Not all birth injuries are immediately obvious. Sometimes, signs may only become apparent months or years later. Signs that a birth injury may have occurred include:
- Developmental delay
- Poor muscle tone or stiffness
- Feeding difficulties
- Seizures
- Delayed speech or motor skills
What To Do If You Are Concerned
If you suspect that mistakes were made during your pregnancy or your child’s birth, you are not being unreasonable in asking questions. An early legal investigation can clarify whether the injury was avoidable and, if so, ensure your child has access to the resources they need for the future.
In England and Wales, most claims must be brought within three years of the index event or date of knowledge. However, for children, limitation usually runs from their 18th birthday, meaning a claim can often be brought until they turn 21.
It is worth noting that birth injury claims are complex and require expert medical evidence from obstetricians, midwives, neonatologists, paediatric neurologists and so on. At Blackwater law, we have an excellent team of clinical negligence lawyers who will carefully review your case and advise on whether you have grounds to proceed, which is free of charge. We understand that taking legal action can be scary which is why we offer no win, no fee arrangements. This means that you won’t pay anything unless your claim succeeds, allowing you to focus on your family, while we pursue the justice and compensation you and your child are entitled to.
If you would like confidential advice about a potential birth injury claim, myself or one of our specialist clinical negligence lawyers would be happy to guide you through the process with sensitivity and care.
