Birth Injury Claims Solicitors

What types of child birth injuries can I claim compensation for?

Our specialist medical negligence solicitors have extensive experience in successfully representing mothers and their families for claims for birth injuries suffered while in the care of maternity healthcare professionals during childbirth.

You may be able to claim compensation for negligence medical care during childbirth in the following instances:

• Stillbirth or neonatal death
• Maternal death
• Delay in resuscitation
• Cerebral Palsy
• Erb’s Palsy
• Failure to monitor the baby’s heart rate, act on heart rate abnormalities, or differentiate between the baby’s and mother’s heart rate
• Failure to act on signs of abnormal labour
• Failure in the management of shoulder dystocia
• Brain injury caused by HIE, Hypoxic Ischaemic Encephalopathy, as a result of lack of oxygen to the brain
• Negligence leading to other brain injuries, including kernicterus
• Skull fractures and other broken bones
• Complications caused by a delay in delivery
• Injuries caused by forceps delivery
• Scarring caused by assisted delivery
• Surgical errors during episiotomy or a Caesarean section
• Negligent surgical aftercare following episiotomy or a Caesarean section
• Negligence in care in immediate neonatal aftercare
• Failure to properly manage pre-eclampsia
• Failure to manage maternal infection
• Failure to treat kernicterus (severe postnatal jaundice)
• Post-partum haemorrhage
• Umbilical cord prolapse
• Umbilical Cord compression
• Uterine rupture
• Hypoxia
• Ruptured placenta
• Vaginal tearing
• Anal fissures and tearing
• Prolapsed uterus
• Retained placenta
• Ruptured uterus

What is the time limit to claim for medical negligence during childbirth?

The limitation period to bring a claim for a birth injury compensation is three years from the date of the negligence or three years from when you first became aware of your injuries caused by your experience in childbirth.

However, a claim can be made on behalf of a child up to three years after their 18th birthday.

Additionally, the time limit does not apply if a claim is made on behalf of someone with limited mental capacity. The three-year time limit would only begin if their condition improved to a point where they would be able to claim for themselves.

In order to build the strongest case for you, we recommend you start your claim as soon as possible, as this can help us collect as much evidence as possible to give you the best chance of claiming.

How much compensation can I receive for a birth injury claim?

As each birth injury claim is unique, there are no set compensation amounts. The compensation you may receive for you, or your child will depend on your specific circumstances.

Typically, compensation amounts are higher the more severe your or your child’s injuries are and how significant the impact they may have on your life.

The intention of awarding financial compensation is to put the claimant back in the position they would have been in had the negligence never occurred. It is not to punish the healthcare provider.

How is compensation calculated for birth injury claims?

Birth injury compensation is calculated by combining the compensation you may receive for general and special damages.

General damages are awarded for the level of pain, suffering and loss of amenity, sometimes known as PLSA. Compensation amounts awarded will consider how the injuries suffered may affect your day-to-day life.

Special damages are awarded for any reasonable financial losses or “out-of-pocket” expenses directly related to your illness.

Compensation for special damages is particularly significant for those with more severe conditions, as they may need extended medical assistance, specialist equipment and adaptations to their home.

Claims for special damages could include, but may not be limited to:

• Any loss of income or pension
• Any costs associated with your or your child’s rehabilitation or ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you or your child may have or will need to receive, even if a family member or friend provides this
• Any out-of-pocket expenses you or anyone who has cared for you or your child may have incurred.

Our specialist clinical negligence claims solicitors recognise that no amount of money can make up for what you may have suffered, so we take the utmost care and consideration into ensuring you are compensated correctly in relation to the severity of your or your child’s injuries, the effects they have had on your life, as well as your loss of earnings and changes to your lifestyle.

Can I make a no win no fee birth injury claim?

Yes, you can make a no win no fee claim with us if you have suffered injuries to you or your child caused by negligence during childbirth.

Our medical negligence solicitors provide our legal services on a no win no fee basis, which means you can claim with the peace of mind that you are at no financial risk if your claim is unsuccessful.

No win no fee agreements are also known as Conditional Fee Agreements (CFA). When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf. The policy protects you against any costs incurred relating to your claim. These costs could include legal fees, medical reports, court, and other expenses.

Our solicitors will explain how the policy works and what fee may be paid if your claim is successful.

Neurological injuries to a child at the time of their birth or in the neonatal period are one of the few remaining clinical negligence claims which may be eligible for Legal Aid. Our specialist birth injury claims solicitors can discuss this funding option with you and advise you on the most appropriate method of funding your child’s claim.

What information do I need to provide to start a child birth injury claim?

Starting a claim may feel daunting, but our experienced clinical negligence solicitors will handle your claim with the utmost care, and we will be right by your side every step of the way.

When discussing your claim with our specialist solicitors, we may ask for information to help us build your case.

Don’t worry if you don’t have all of this information. Our experienced solicitors can collect this information on your behalf.

Such information may include, but isn’t limited to:

Your medical records – We will build a comprehensive file including all records of treatment you received during your pregnancy and the care you received directly before and after you went into labour.

A statement from yourself – The more information you can provide, the better we can advise you of your rights and build the most compelling case on your behalf. Typically, such information includes a timeline of your medical appointments and your experiences during your labour.

As your legal representative, we will combine this information with information from independent medical experts and build the strongest case possible for you to receive the maximum compensation you are legally entitled to.

Why choose Wolferstans to represent you for your child birth injury claim?

Our team of dedicated, specialist medical negligence solicitors have decades of experience helping clients to claim compensation under even the most challenging circumstances.

With a proven track record of successful claims, often achieved without needing you to attend court, we can make claiming medical negligence compensation as simple and effective as possible.

Wolferstans is Lexcel accredited, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:

Headway – the brain injury association
The Spinal Injuries Association
The Brain Injury Group
APIL (Association of Personal Injury Lawyers)
AvMA (Association Against Medical Accidents)
Specific team members have been accredited by the Law Society, AvMA, and APIL as Clinical Negligence Specialists and by APIL as Brain Injury Specialists.