When something goes wrong during childbirth, it can be life changing. If your baby has been injured, or if you have been harmed yourself, it is natural to feel a mix of emotions and to feel unsure about what comes next.
Thinking about pursuing a birth injury compensation claim may not initially – understandably – be on your mind. However, a solicitor specialising in birth injury claims will deal with the legal side of things and will also support the family through the entire process: focusing on the family, fairness and finding a way forward.
This guide will walk you through how a birth injury claim works, what to expect and how we can help.
What is a birth injury claim?
Having a baby should be a joyful time but sadly things can and do go wrong during the pregnancy, labour, delivery, and even after a baby has been born.
A birth injury claim is a type of medical negligence case. It involves proving that something went wrong (was negligent) during pregnancy, labour, or immediately after birth – and that this caused harm which could and should have been avoided. The injury might affect the baby, the mother, or both.
Common examples include:
- Delays in responding to signs of distress
- Failures in monitoring or interpreting scans
- Errors during delivery, such as improper use of forceps or ventouse
- Delayed c-section
- Injuries caused by untreated infections
Not every bad outcome is caused by negligence – but when it is, families have a legal right to answers and support.
Why make a birth injury claim?
Families usually come to us looking for:
- Answers: to understand what happened and why.
- Support: to secure therapies, care, specialist equipment or adapted housing.
- Accountability: to make sure lessons are learned.
- Security: to make sure your child’s future needs are met financially and practically.
How the process works
Here is a brief step-by-step look at what making a claim usually involves:
- Getting in touch
You do not need to have all the facts before contacting a solicitor. We will listen carefully to your story and help you work out whether there might be a case. We will go at your pace and will help and guide you to gather the information that is needed at this preliminary stage.
- Funding the claim
Legal Aid is available for children who have suffered severe disability caused by a neurological injury during pregnancy, birth or the first 8 weeks of life. In addition, there is also the possibility of a “no-win-no-fee” (Conditional Fee) Agreement.
We understand that after a traumatic birth, the last thing you want to worry about is how to pay for a legal claim. Please know that you will not be expected to pay anything upfront to begin your case. Most birth injury claims are funded through Legal Aid or a “no-win-no-fee” agreement, both of which are designed to protect your family from financial risk.
We will take the time to explain your options clearly without any pressure, and make sure you are fully comfortable before anything moves forward.
- Investigating the case
This stage is the evidence-gathering stage. We will:
- Listen to what happened from your point of view. You do not need to have all the answers – just tell us what you remember and what you feel went wrong.
- Request the medical records – we will request the full pregnancy, labour and postnatal records. You do not need to chase these – we will handle it.
- Instruct independent experts to review what happened and give a clear opinion on whether something went wrong and whether it caused harm.
- Work with specialists, like paediatric neurologists, therapists and care professionals to understand the impact the injury has affected your child’s life now, and what they might need in future.
It is important to acknowledge that this part of the case can take time, but it is how we get answers and is crucial for building a strong case to achieve the best possible outcome and ensuring your child’s needs are properly understood and supported.
- Establishing negligence
The legal test is whether the care provided to mum or baby fell below a reasonable standard and caused / contributed to harm. To prove negligence we will need independent medical experts (who have no connection to your case) to review what happened. These experts will look at the medical records and ask:
- What should have happened in those circumstances?
- Did the care provided fall below a reasonable standard?
- If so, did that failure directly cause or contribute to harm to mum and / or baby?
We also have to show that that negligence made a difference. In other words, would the injury have been avoided with the right care?
The expert opinions are key to building the case and that is why we carefully gather evidence from multiple experts to make sure every step is supported and explained.
- Making the claim
If the NHS (or private provider) accepts negligence (fault), we will begin settlement discussions. If they deny, then we may need to start Court Proceedings – although it is important to note that this is primarily a paper-based exercise and that most cases still settle without going to Trial (where the Judge decides whether compensation should be paid and, if so, how much).
- Securing support and birth injury compensation
Compensation will be structured to ensure ongoing support, to cover things like:
- Ongoing care needs
- Therapies and specialist education
- Loss of earnings
- Housing adaptations
- Medical equipment
Where possible, we will explore early interim payments, so it is possible to start accessing support even before the case concludes.
How long does it take?
Birth injury claims can take several years – particularly where a child’s long-term needs are not yet fully known.
Throughout the claim, we stay focused on the practical needs of your family, keeping you informed and involved every step of the way.
What kind of support can you expect from us?
We put families at the heart of what we do. This means:
- Speaking plainly, not in legal jargon.
- Checking in regularly, not leaving you in the dark.
- Keeping you updated at every step of the process so that you are clear about what is happening and why.
- Putting your child’s future and wellbeing at the heart of everything we do.
- Working alongside case managers, therapists, Deputies, charities and other support services where needed.
Hannah Carr, Legal Director and Specialist Medical Negligence Solicitor from MDS, said “Our expertise in handling birth injury claims reflects our ongoing commitment to providing compassionate and skilled legal advice and support during challenging times. Making a claim might feel daunting, especially when you’re already coping with a lot. But it can also be empowering. It is a way of making sure yours and your child’s voice is heard and that your child and family receives the support that they need.”
MDS is a specialist medical negligence law firm. We specialise in claims involving cancer, birth injury, and cauda equina syndrome. Our expert solicitors represent clients all around England and Wales, and we are dedicated to helping people who have been injured by medical negligence.
Our solicitors have extensive experience of representing clients and their families whose lives have been affected by birth injuries. Click here to read more about how we can help you, and here to read one of our client’s stories.
If you are concerned about any care that you or a member of your family has received, please contact our experienced team on 0116 254 7456 or email: enquiries@moosaduke.com. You can also enquire online by clicking here.
