Birth injury claims

If you or your baby have been injured whilst you have been pregnant, or during or post-labour, you may be entitled to make a birth injury claim with legal advice from Blackwater Law.

Making a birth injury claim

During pregnancy you will rely heavily on a range of medical professionals for advice and guidance, including 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 medical negligence claim.

Injury can occur to mother, baby or both mother and baby. Whilst there are a wide variety of circumstances and negligent acts which can provide grounds for a compensation claim to be made, common circumstances which the solicitors at Blackwater advise clients in relation to, include but are not limited to those described below.

Birth injuries to mother:

C section claims – A caesarean section may not have been undertaken despite the fact your pregnancy should have been identified as high risk and such a procedure should have reasonably been recommended. Where a C section is undertaken, like any procedure you also face the risk of surgical error such as reckless incision or cuts and poor infection prevention, which can also provide grounds for legal action as part of a C section claim.

Episiotomy claims – where an incision is made at the opening of the vagina to assist the mother in delivering her baby, such a procedure should be undertaken with careful skill. Care should also be taken to repair the incision so as to prevent infection and provide for effective recovery. Episiotomy claims may be made where care falls below what would be reasonably expected or where the procedure was not undertaken where it should have been.

Pre-eclampsia claims – if mother suffers pre-eclampsia during birth but this is not diagnosed or effectively treated, there is a significant risk this develops into eclampsia, posing a health risk to the mother and her baby. Pre-eclampsia claims may be made where medical care relating to the condition falls below a required a standard and this leads to suffering.

 Maternal diabetes (gestational diabetes) claims – a potential serious condition of not diagnosed and treated, it can lead to miscarriage, birth defects or brain injury. Where maternal diabetes is not diagnosed or where it is not treated effectively, there may be grounds to make a maternal diabetes claim.

Psychiatric claims – During or after giving birth some mothers can struggle with mental health issues. Where mothers that have had such difficulties have not been offered medical care and support there may be grounds for a psychiatric claim for compensation to be made with assistance from Blackwater Law.

Birth injuries to baby:

Forceps delivery claims –Forceps or Ventouse instruments may be used to assist in delivering a baby where the mother is struggling to do this herself or where there are other complications during labour. Where too much force is applied or these instruments are used incorrectly, babies can be at risk of head injury, brain injury and nerve damage. These injuries can be extremely serious and lead the child to suffer cerebral palsy or Erb’s palsy, potentially life-limiting conditions. Compensation for such injuries may be able to be argued as part of forceps injury claim.

Cerebal palsy – Cerebral palsy is serious condition brought about by developmental damage or brain injury, often caused during pregnancy or labour. Sufferers can display symptoms on a spectrum of severity but these often include problems using and controlling muscles, controlling the bladder, speaking, as well as difficulties swallowing. Those with the condition may also suffer learning difficulties ranging from minor to severe.  Making a successful cerebral palsy claim will require specialist legal advice from an experienced medical negligence solicitor.

Erb’s palsy – the result of damage to the nervous system, Erb’s palsy leads to permanent, or semi-permanent, loss of movement or control of the arm. Erb’s palsy can be caused by mismanagement of the birth by medical staff and can provide grounds for an Erb’s palsy claim.

Scaring – Babies can be left scarred by the actions of a doctor or midwife, for instance in the event of surgical error during a C section, or when forceps are used in an assisted delivery.

Kernicterus (jaundice) claims – Where Kernicterus develops due to the baby suffering from a deterioration of jaundice, you may be able to make a kernicterus claim for compensation where the risk of kernicterus should have been identified or where the condition should have been treated earlier.

Wrongful births – children born with rare genetic conditions can face severe suffering. Many serious genetic conditions (or the risk thereof) can now be diagnosed during pregnancy allowing for parents to seek specialist medical advice on what the condition is likely to mean for the child’s quality of life and the extent of any suffering. Where such conditions could and should have been identified by doctors but were not, or where the a diagnosis was made but the advice received as to what the condition would mean for the child was incorrect, wrongly depriving parents of the ability to make an informed decision as to whether to terminate the pregnancy, a wrongful birth claim may be able to be made.

Get expert legal advice

Call today and speak to Jason Brady, specialist birth injury solicitor. Find out if you can claim compensation.

CALL 0800 083 5500

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.

Specialist birth injury solicitors

Blackwater Law medical negligence solicitors are experienced in advising clients in relation to claiming compensation for a wide range of injuries and ailments sustained by mothers and children during pregnancy or during or post-labour.

The experience and reputation of the team of medical negligence solicitors at Blackwater Law means they are approached for advice by families across the country. The team is also accredited as being one of the leading teams of medical negligence lawyers based in the South East, by the Legal 500, a ranking of the UK’s top law firms in various specialist legal areas.

If you are interested in knowing whether the birthing injuries you, your partner or your child suffered entitle you and your family to compensation, call Blackwater Law medical negligence solicitors. You can be confident that the specialist legal advice and guidance that you receive is some of the best available. You will be put through to speak with one of our expert solicitors who will quickly be able to inform you as to whether or not you may have grounds to make a claim, having listened to details of the injuries and the circumstances that led to them.

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

No win, no fee birth injury claims

Blackwater Law operate all medical negligence claims on a no win, no fee basis and this includes all claims relating to birth injury. A no win, no fee claim for compensation means that should your case be unsuccessful, you will not be liable to pay any legal fees. If your case is successful, our legal fee will be a percentage of the compensation settlement achieved. This percentage will be agreed with you at the beginning of your claim providing complete transparency.

How to start a birth injury claim

The first step is to find out if you have a case and to do this you will need to call Blackwater Law for free initial advice from one of our specialist medical negligence solicitors. This will also provide you with an opportunity to ask one of our legal experts any questions you may have.

Get expert legal advice

Call today and speak to Jason Brady, specialist birth injury solicitor. Find out if you can claim compensation.

CALL 0800 083 5500

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.

I have been uneasy at times, as I have never done anything like this before. But your correspondence has been clear and guiding, so I will say thank you to you and your staff.

Mrs Adamson, Blackwater Law Client


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