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Birth Injury Claims
Our Resolve. Your Resolution.
Birth Injury Claims require specialist handling to ensure that families are supported throughout the claims process and maximum compensation is obtained.
If your child has been diagnosed with cerebral palsy, Erb’s palsy or any other type of injury which occurred around the time of their delivery, we can quickly assess whether you are able to bring a claim against the NHS or private doctor/midwife for compensation.
Claims can also be made for maternal injuries suffered due to mismanaged pregnancy and/or labour.
We are always available to discuss your particular circumstance and provide free and practical advice about how we can best assist you with a claim.
We understand the emotional and logistical pressures of caring for a child with complex injuries. Making a legal claim should not add to that burden and we strive to ensure the claims process is dealt with efficiently and compassionately. We pride ourselves on offering a personal and professional service tailored to you.
What our clients say
Why choose Harrowells?
We are committed to helping you move forward with your life by drawing on our considerable expertise in supporting complex medical negligence and serious injury claims.
We understand that a claim is much more than process and evidence. It is a journey where we need to provide guidance and support at every stage.
You may feel wary and confused in the immediate aftermath of your injury. We can bring clarity about your options and next steps with clear, practical explanations.
We have a track record of securing successful outcomes because we take care to marshal specialist legal and medical expertise appropriate to your situation.
Most common causes of negligence that result in birth injuries are:
There are a wide range of birth injuries but the types of injuries that result in a claim are:
Where medical care has led to injury or an unfavourable outcome because the standard of treatment was not reasonable, you could have grounds to claim compensation. Any award may relate to both the harm suffered and the losses flowing from it.
A successful claim usually requires proof of two issues:
In the first instance, that the treatment fell below an acceptable standard of care. Examples may include:
It must also be shown that the negligent treatment caused injury. This might mean a fresh injury or a deterioration in an existing condition.
If you are concerned about the care you received, or want to understand your options, our medical negligence team would be happy to discuss the circumstances with you.
We review the prospects of success at every stage of the case so that any liability concerns or issues affecting settlement can be raised with you promptly. By keeping our advice clear and transparent, we help you make well-informed decisions about how your claim should proceed.
Compensation in a medical negligence case is intended, so far as possible, to put you back in the position you would have been in had the negligence not happened. In practical terms, that means financial redress for your injuries and for losses already incurred or likely to arise in the future, including treatment costs linked to recovery.
No two claims are identical, and the losses that can be recovered will depend on your personal circumstances and should be carefully assessed by your legal representative.
When a claim succeeds, compensation can provide more than money alone; it can also support access to advice, rehabilitation, and appropriate treatment moving forward.
To begin, contact solicitors who specialise in medical negligence and birth injury claims in particular and ask them to assess the details of your potential claim. The advice you receive should be based on your own circumstances, enabling you to decide the best way forward.
Once you have instructed a solicitor to act for you, they will move into the early investigative stages of the claim. This includes collecting evidence to address breach of duty, causation, and the nature and future impact of your injuries.
With the necessary evidence assembled, your solicitor will usually seek to negotiate on liability and the value of the claim with the defendant’s side.
Where an out-of-court agreement is not possible, we will consider starting formal court proceedings.
Our medical negligence claims are generally run on a ‘no win, no fee’ basis, so you can explore a claim for compensation without the stress of immediate legal costs. This type of arrangement, formally known as a Conditional Fee Agreement, is there to reduce financial uncertainty and open up access to legal support. If your claim does not succeed, you will not be asked to pay our fees. You can read more about funding in the Frequently Asked Questions below.
Choosing to bring a birth injury claim is often difficult, especially when your care has left you feeling upset or let down. It can understandably be challenging to trust another professional while dealing with the consequences of that experience.
Your solicitor should provide reassurance, communicate clearly and deal with your claim in a transparent and efficient way from the outset.
We appreciate that you may simply want this chapter to be over and that the legal process can appear daunting. The right representative will shoulder the work involved in the claim and allow you to focus on your health and recovery.
The Claims Process
Free, no obligation initial assessment of your claim and funding options
Speak with our experts so that we can better understand your current situation and assess the legal basis for resolving your claim, likely prospects of success, and options for funding your case from the outset. We will provide guidance and support from the outset.
Detailed preparation of your claim by legal and medical experts
We gather together the evidence from a range of sources including your medical records and treatment history, information about any financial loss or other impacts, together with input from independent medical specialists who are experts in their particular field.
Engage with the defendant’s lawyers
With evidence in hand and having kept you fully informed about case progress and intended approach, we engage with the defendant’s lawyers to focus on the key issues, evidence and legal arguments most likely to yield a successful outcome for you.
Valuing your claim and negotiating with the defendant
If we are satisfied that the medical evidence is supportive of your claim, we will use this to value your claim. We will enter negotiations with the defendant and support will be given throughout to provide you with the confidence to give instructions on any settlement.
Settlement or court proceedings
Upon settlement, your compensation will be paid to us, and we will release your payment to you. Sometimes court proceedings may be necessary; we ensure your case is presented clearly and compassionately so that the full impact is fully appreciated by the court.
Compensation and support
Resolution is not simply about compensation but also about building a package of ongoing support for you and for your loved ones. We work closely with rehabilitation professionals who can assist you following resolution of your claim.
FAQs
How long does a birth injury claim take?
There is no fixed timetable for these claims. The overall length often turns on how soon independent experts can be instructed and whether the defendant is willing to engage constructively on fault and compensation. The process follows the Civil Procedure Rules and the protocol for clinical disputes, which is designed to promote information exchange and settlement before trial.
Where a case is medically or legally complex, further investigation and expert opinion are usually required, so it is not unusual for a claim to continue for a number of years.
A key date to remember is the 3-year limitation period, which usually runs from the negligent event or the date you became aware that negligent treatment may have caused injury.
Do you offer no win no fee for birth injury claims?
We may be able to offer a Conditional Fee Agreement if, after assessment, your case appears to have more than a 50% chance of success. This type of arrangement is commonly described as no win, no fee. If the claim succeeds, our costs are normally sought from the defendant. If it does not succeed, our fees are not payable by you.
Where compensation is recovered, a success fee and any gap between the costs incurred and the amount recoverable may be deducted from damages.
Claims also involve disbursements, such as medical expert fees and court charges. As these are separate from the Conditional Fee Agreement, we will look at suitable insurance options where appropriate.
We can discuss all funding routes with you in a free initial consultation tailored to your case.
What evidence is needed to make a birth injury claim?
Our investigation normally begins with your medical records and a witness statement from you about what happened and how you have been affected.
Independent experts then review that material. The evidence often includes the following reports:
Breach of duty and causation
This report considers whether the treatment was substandard and whether that failing caused, or materially contributed to, the injury complained of. It is usually provided by an expert from the relevant medical specialty.
Condition and prognosis
If supportive liability evidence is obtained, we then arrange reports dealing with your injuries, recovery and future outlook. Depending on the case, several experts may be needed to address physical and psychological consequences.
We will also obtain evidence of financial loss so that the claim can be valued fully.
Are there time limits to bringing a birth injury claim?
Yes. In most cases, the Limitation Act 1980 requires proceedings to be issued within 3 years. Missing that deadline can prevent the claim from going ahead unless the court allows it, which is uncommon.
The main exceptions include:
Will I need to go to court to make a birth injury claim?
Not necessarily. Many claims settle without a trial, and reasonable attempts should be made to reach agreement before court involvement becomes necessary.
That said, proceedings may need to be started if responsibility is denied or if the parties cannot agree the level of damages. In that situation, the claim proceeds under a court timetable and may end with a trial if settlement is still not achieved.
Can I bring a birth injury claim on behalf of someone else?
In some situations, yes. A claim may be pursued for another person if they are under 18, do not have capacity or have died. It is sensible to obtain specific advice so the correct person takes on that role.
How much compensation can I claim for a birth injury?
Compensation is assessed by reference to expert medical evidence about your injuries and likely future condition. That evidence helps determine the nature, severity and duration of the harm suffered.
We also consider financial losses, for example income lost during time away from work, private treatment costs and any care or support you now need.
The value of a claim cannot usually be fixed at the outset because specialist evidence is needed to calculate the full extent of past loss and future need.
We know clients often want an early estimate. As your case develops, we will advise you on the likely value based on the evidence obtained.
How is birth injury claim compensation paid out?
After settlement is reached, or judgment is entered, the defendant will usually have 14 days in which to pay the compensation.
Settlement following a negligent failure to triage correctly in A&E
John Coulson acted for a young woman who collapsed in the street with acute abdominal pain. Although she was quickly taken by ambulance to hospital, there was a failure to triage her correctly in A&E, resulting in a delay in a senior level consultant...
Settlement following negligently performed hip replacement surgery
Our client, a man in his forties, underwent hip replacement surgery during which appropriate procedures were not followed. A hip replacement typically involves a prosthetic cup inserted into your hip bone, a prosthetic ball joint inserted into your femur...
Settlement following a severe shoulder injury suffered during delivery of a baby
Aimee Costello acted for the family of a baby injured during delivery. The family were concerned about the circumstances about the delivery and came to us about their concerns. We investigated the circumstances of the delivery. Following receipt of...
