Birth Injury Claims
During antenatal care, labour, delivery or postnatal care, injuries can occur that may have been preventable. An NHS report states that in the UK, 4.3 babies in every 1,000 experience a serious, and permanent, birth injury that will have devastating consequences on the rest of their lives. Both mother and baby are vulnerable at this time and both can be injured in the process if reasonable treatment isn’t given.
Birth injury claims occur when a mother receives inadequate care from healthcare professionals before, during, or after labor. If the care falls below a reasonable standard, it can lead to missed diagnoses or untreated issues, causing injury or long-term health problems for the mother or baby. In such cases, you may be able to make a birth injury claim for compensation.
What is a Birth Injury Claim?
A birth injury claim can include:
- Use of excessive force during the delivery which can cause head and/or body trauma.
- Failure to monitor both mother and baby throughout the pregnancy, birth, and after birth.
- Maternal infections.
- Failing to diagnose medical issues during pregnancy and birth.
- Delays in delivery.
- Failing to provide prescriptions, medications and treatment during pregnancy and birth.
- Failure to provide adequate care during the neonatal period.
Our birth injury lawyers have handled many birth injury claims for both mothers and babies. We have extensive experience in cases involving cerebral palsy caused by mismanagement during labor and delivery. When we achieve a successful outcome, we can help families create a care plan for their child. This make sure they receive the best care and opportunities.
We understand that contacting a solicitor can be worrying, but our team is approachable and easy to talk to. You can find a number of client reviews on our Review Solicitors profile. Remember, we are on your side and can help you rebuild for the future.
If you think you have a claim and would like to speak to us, fill out an assessment form or call us on 0114 2496 611 to book your free assessment today.
Am I Entitled to Make a Birth Injury Claim?
If you or your baby were injured because of medical mistakes before, during, or after birth, you may be able to make a birth injury claim.
Types of birth Injuries to the mother
- Birth trauma.
- Muscle tears.
- Damage to the uterus.
- Injuries to the perineal area.
- Injuries to the pelvic floor.
- Injuries to organs.
- Pre-eclampsia.
- Maternal death.
- Hospital infections.
Types of birth injuries to the child
-
- Birth asphyxia.
- Brain injury.
- Injuries to joints and limbs.
- Cerebral palsy, and other life altering injuries.
- Spinal cord injuries.
- Sepsis and other hospital infections.
Beside the physical symptoms that can occur with a birth injury, other consequences can arise that are the result of an injury, such as:
- Mental health problems, such as postnatal post-traumatic stress disorder or depression.
- Relationship breakdown.
- Problems bonding with your new baby.
- Being unable to return to work because of your symptoms.
If you think you have a claim and would like to speak to us, fill out an assessment form or call us on 0114 2496 611 to book your free assessment today.
What Type of Injuries Can Maternity Negligence Lead to?
If medical professionals miss signs of or fail to treat injuries during pregnancy, it can lead to serious birth injuries. Families affected by these injuries often face major concerns about their child’s future and how to meet their lifelong needs.
The following are common types of birth injuries:
Birth Injuries During Pregnancy
- Issues with the placenta during pregnancy, such as anterior placenta, placenta previa or placental abruption.
- Birth asphyxia, which causes issues supplying the brain with oxygen.
- Antepartum bleeding.
- Failing to monitor blood pressure of the mother or other signs of pre-eclampsia.
Birth Injuries During the Birth
- Erb’s palsy.
- Injuries suffered during a caesarean section, such as fetal lacerations, excessive bleeding or skull fractures.
- Uterine rupture.
- Cord prolapses.
- Tears during birth, such as perineal tear or pelvic floor muscle tear.
- Brachial palsy – damage to the group of nerves that supplies the arms and hands.
- Umbilical cord compression.
- Damages to major nerves, such as bladder nerve damage.
Birth Injuries After the Birth
- Hospital infections, such as sepsis.
- Cerebral palsy.
- Meningitis.
- Birth trauma.
- Hip dysplasia.
- Shoulder plexus.
- Brachial plexus injury.
How the Free Assessment Works
Step 1 – Check If You May Have a Medical Negligence Claim.
Contact our medical negligence team by completing our online form or calling 0114 2496 611 . We will gather some initial information to understand your situation.
Step 2 – Share Your Information.
You provide a summary of what happened and any relevant paperwork you already have. This helps us understand the background to your concerns.
Step 3 – Initial Review.
A medical negligence specialist will review the information against medical negligence criteria.
Step 4 – Outcome Explained. We will let you know whether:
- We may be able to help and take the matter further, or
- We are unable to assist and should signpost you elsewhere If the case is suitable, we will explain the process, timescales, and funding options before any appointment or further work is arranged.
What Can I Claim for a Birth Injury?
Birth injuries can have serious and sometimes lifelong consequences. Our specialist birth injury solicitors understand the medical, emotional, and financial impact these cases bring, and we are here to secure the compensation and support your family needs.
When making a birth injury claim, factors such as the type of injury, recovery prospects, and financial losses are considered. You may be entitled to compensation for:
- Pain, suffering, and loss of amenity.
- Loss of earnings.
- Medical and nursing care costs.
- Special equipment and mobility aids.
- Home adaptations.
- Other related expenses.
Our compassionate team has extensive experience in handling complex birth injury claims. We guide you through the process in clear, simple terms, ensuring you receive both practical advice and emotional support. Above all, we are committed to improving your child’s quality of life now and in the future.
No Win No Fee Medical Negligence Claims
We believe that everyone deserves access to justice, regardless of their financial circumstances. Our no win no fee agreement, also known as a conditional fee agreement (CFA), helps you take legal action. You don’t have to worry about upfront costs.*
In most cases, if accepted on a no win, no fee basis, you won’t pay a penny upfront for our legal services*. The basis of a CFA is that you will not be required to pay our legal fees if the compensation claim is unsuccessful. Meaning, you will not pay any fees to us unless we win your case for you*.
You can find more information on our no win no fee medical negligence page. It includes a full list of terms and conditions.
*There are circumstances where you would be asked to pay any outstanding costs even if you don’t win your case.
You may need to pay for services from Howells Solicitors in certain situations. These include being dishonest, not giving your solicitor instructions, or rejecting an offer against their advice. Other examples are the death of the claimant, cancelling your claim, and moving without telling your solicitor.
In these cases, you might also have to cover the defendant’s costs. Client’s may be asked to pay disbursements up front or must stand to the cost of a medical report if a second opinion is obtained. In some instances, you may need to pay for medical reports or other third-party payments upfront. We would discuss this with you before making any decision.
Legal Aid for Medical Negligence
Howells Solicitors are one of the few birth injury law firms holding a Legal Aid contract for medical negligence. In certain circumstances may be able to apply for Legal Aid Funding.
As soon as you contact us, we’ll be able to discuss your funding options. We will answer any questions you have to alleviate any worries or stress you might be feeling.
Flexible Appointments
We understand that dealing with medical negligence matters can be stressful, and finding time to attend in-person appointments isn’t always easy. That’s why we offer our full range of medical negligence services remotely, offering a more efficient and convenient service. We can offer our medical negligence legal support via telephone or secure remote online meetings.
This approach allows you to access expert legal advice from the comfort of your home, without the need to travel or rearrange your schedule. If your case requires a court hearing, many procedural matters are now handled remotely too, ensuring your legal journey is as smooth and accessible as possible.
Our remote services are designed to be just as personal and confidential as in-person consultations, with clear communication and full transparency every step of the way. Remote appointments are offered throughout the case, and most correspondence can be handled by email and Howells secure Client Portal.
Whether you’re dealing with sensitive medical negligence/personal injury matters or simply seeking guidance, we ensure a smooth, stress-free experience that puts your needs first. Whilst we appreciate that remote services offer convenience, they may not be suitable for everyone. If you do wish to meet us face to face, you can book an appointment at one of our offices in Sheffield, Barnsley or Rotherham.
Birth Injury Solicitors
Our Birth Injury team cover the entirety of England, and have physical offices in:
You can arrange appointments face to face, or we offer telephone or video call options available. If you can’t reach our office, we could arrange for a member of the team to visit you at home.