Birth Injury Claims Solicitors

No parent should be left feeling powerless after their child’s birth injury. Get the answers you deserve with our specialist legal support.

 

Any injury to a child that happens immediately before, during, or after delivery is a birth injury. If something goes wrong and a mistake caused harm to you or your child, you might be able to claim for compensation. 

What is a birth injury?

Pregnancy and childbirth can be emotional and uncertain times, and it’s completely natural to expect safe, attentive care for both you and your child.
 

Any injury to a child that happens immediately before, during, or after delivery is a birth injury. It’s different to a birth defect, which is when damage is caused while the foetus is still in the womb. While bruising and swelling can happen, more severe injuries can have lifelong effects.
 

If something goes wrong and a mistake caused harm to you or your child, you might be able to claim for compensation. Our knowledgeable team can help you do this. We’ll also advocate for you to get any ongoing support you or your child need as a result of a birth injury.

Get the right support for your birth injury claim

We’ve been there for thousands of birth injury cases – from the minor cases to the most sensitive. Whatever you experienced, we’ll help you move forward.
  • Birth Defect & Wrongful Birth Claims

    Birth defect test results present some parents with difficult choices during a pregnancy. But when these results are misdiagnosed, parents lose the ability to make an informed decision about their child, sometimes with life-changing consequences.

  • Birth Injury to Mother Claims

    If medical care falls short while a mother is giving birth, it can lead to harmful lasting effects and injuries such as perineal tears, fissures, pelvic organ prolapse, errors with anaesthetic or stitching, and infections.

  • Cerebral Palsy Claims

    Cerebral palsy is a disability caused by abnormal brain development, sometimes due to medical negligence. Failures to monitor a baby’s growth or heartbeat, deliver early enough, or respond to complications in time can all be contributing factors.

  • Erb’s Palsy Claims

    Bringing up a child with Erb’s Palsy can be emotionally and financially stressful. Our medical negligence lawyers can make things a little easier by helping you get the compensation and support you deserve.

  • Group B Streptococcus Claims

    If your child has suffered due to substandard group B streptococcus (GBS) treatment, our medical negligence solicitors could help you make a compensation claim.

  • Health Services Safety Investigations Body

    HSSIB is an independent investigation organisation, funded by the Department of Health and Social Care. It investigates NHS-funded care across England to improve patient safety. HSSIB reports can help aid medical negligence claims.

  • NHS Early Notification Scheme

    The ENS investigates serious brain injuries that happen to children at birth, speeding up the investigation of the incident and getting answers for families as soon as possible. If you’re referred to the ENS or want to appeal their decision, we can help you through the process.

  • Spina Bifida Negligence Claims

    If your child has been born with spina bifida, our medical negligence solicitors understand that you’ll be concerned about their future. We may be able to help you claim compensation cover your child’s medical and care needs and give them the best possible quality of life.

  • Stillbirth Compensation Claims

    If your family has suffered a stillbirth, it can be painful to learn that medical staff could have done more to save your child. Our medical negligence solicitors can support you through your stillbirth compensation claim and help give you the closure you need.

What can cause a birth injury?

Birth injuries can be caused by mistakes made by hospital staff, including:

  • Missing signs of distress in the baby such as an abnormal heartbeat, low blood sugar levels, or high bilirubin level (failure to act on signs of jaundice)
  • Failing to check medical records or history
  • Delays in diagnosis or treatment
  • Delivering the baby too late
  • Attempting delivery when the baby’s shoulder is stuck
  • Any other oversight that puts your baby at risk.

To make a successful compensation claim, we’ll need to prove a direct link between medical negligence and your baby’s injury.

Our solicitors have years of experience investigating claims like this and know how to get expert evidence to give your case the best chance of success.

Can I make a birth injury claim?

You may be able to make a birth injury claim if you or your child were harmed because a medical professional failed to provide the level of care that would reasonably be expected. This is known as medical negligence. 

You might have grounds to claim if any of the following apply:

  • Avoidable injuries occurred during pregnancy, labour, or shortly after birth
  • A healthcare professional made an error that caused or worsened the injury
  • You were not properly informed of risks or treatment options.

If you’re unsure whether what happened amounts to negligence, our team of birth injury solicitors can help you understand your position. We’ll listen to what happened, answer your questions, and help you understand whether you may have grounds to claim.

Meet the specialist from our team

We are the largest medical negligence team in the UK. Find out about our partners, our clients and our specialist knowledge.

Why choose Irwin Mitchel to help you with your birth injury compensation claim?

Our medical negligence team is the largest in the country. We’re known for our expertise handling birth injury cases and we have recovered more in damages for our medical negligence clients than any other UK law firm. 

Choose Irwin Mitchell and - in addition to hands-on support from your assigned legal expert - you’ll also have free access to our Support and Rehabilitation coordinators who can ensure you’re supported locally too.

We’re also proud to work with a number of longstanding and trusted charity partners who can provide wider support to you and your family:

We also have extensive experience with the NHS Early Notification Scheme. If you’ve been referred, we can show you what to do next.

  • What is a no win no fee claim for Birth Injury?

    Alexandra Highfield explains.

    Discover how a no-win, no-fee claim can help you receive compensation without the financial risk of paying legal fees upfront. We discuss after the event insurance, transparency of costs, right to challenge costs, and more. Find out more about how we can support you through your claim.
Eva Abley imagine campaign hero

How we help families with birth injury claims

Client story - Eva

“The first time I noticed I was different was in primary school. When I was around 8, I noticed other children were writing, cutting things out and sticking things and I couldn’t quite keep up”. 

Eva's mum first got in touch with us because she felt Eva’s care had been neglected at birth, which prompted us to start an investigation. 

 

When Kelly and her husband received documentation we had obtained from the hospital, the words ‘cerebral palsy’ were used throughout – a diagnosis that had never been communicated to the family.

 

After we requested medical records and instructed independent medical legal experts, we worked hard to get Eva’s family the answers and support they deserved.

 

As a result of the compensation received from the settlement, we were able to appoint a support worker to help Eva with her day-to-day living.

How much compensation could I receive for a birth injury?

Every claim is different, which means we can’t predict exactly how much compensation you or your child might receive. There are several factors that are considered when carefully calculating the needs of you and your child, and the amount of compensation you or your child required. These are:

  • Your child’s care needs
  • The severity and extent of their injury
  • The costs of medical treatment, rehabilitation, care support and home adaptations that may be needed
  • Time taken off work or if you’re no longer able to work
  • Travel costs to medical appointments.

Our birth injury solicitors aim to secure you a settlement that provides a full care package for your child, and if needed, for their lifetime. 

We’ll make sure that their best interests are always put first, and we can help you manage your compensation award if you appoint Irwin Mitchell Trust Corporation (IMTC) as deputy.

maternity-matters

Shaping Safer Maternity Care for Every Family

We surveyed over 1,000 adults across England and Wales to find out how new and expectant parents really feel about maternity care.

 

The report showed that:

 

  • 20% of parents aren't confident in maternity care
  • 46% see staffing shortages as their biggest concern
  • 32% of women didn't feel taken seriously during maternity care
  • 41% believed postnatal care fell short of expectations.

Frequently asked questions about birth injury claims

Speak to a specialist

We are here to listen and guide you through your next steps. Complete our enquiry form and one of our experts will contact you by the next working day.


Alternatively, you can call us now.


Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).

08002289310

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Our locations

With offices all over the country, we can help you wherever you are. Whether you would rather meet in person, talk from home, or see us in hospital, we’ll be there.
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Irwin Mitchell Scotland

Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.