Birth Injury Claims

In most cases birth injury compensation is claimed either for injuries relating to the mother or for injuries relating to the baby.

Claiming for Birth Injuries to the Mother – The injuries sustained by a mother during childbirth include vaginal tears, fissures, inadequate stitching post C-Section, inadequate repair of vaginal tears,  infections and poor management of post-delivery care leading to complications. If medical negligence has caused any of these problems and we can demonstrate liability we can help a mother to seek birth injury compensation. We can also act for the spouse or civil partner of a mother who has died during childbirth to claim on their behalf.

Claiming for Birth Injuries to the Baby – Injuries to a new born baby as a result of medical negligence can include stuck shoulders, brain damage, cerebral palsy, damaged nerves, fractures skulls and in the most severe cases death due to a lack of oxygen. These complications usually arise from poor labour management. The parent or close family member of a child suffering due to negligence during birth should seek immediate assistance from birth injury solicitors. An independent medical opinion can be undertaken in order to obtain all relevant information before proceeding with a claim for compensation.

When making birth injury compensation claims it is important that there is a valid reason behind it. These reasons can include any number of the following, leading to illness, injury or death of mother and/or baby during pregnancy, childbirth or post-childbirth. Such grounds include:

• Misdiagnosis or partial misdiagnosis during pregnancy
• Mistakes with the administering of anaesthesia during surgical procedure
• Poor management during labour
• Complications due to a incorrect medical or surgical procedure
• Negligence in procedures during postnatal care

If you are considering making a claim for birth injury compensation you might be wondering whom the claims would be made against. A medical negligence claim can be made against the medical facilities and professionals, whether that is an NHS hospital, a private medical facility or an individual surgeon.

The NHS R (NHS Resolution) represents the NHS against birth injury claims, with just 2% of all medical negligence cases making it to court. Our birth injury solicitors would ensure that you receive the appropriate amount of birth injury compensation for your specific case and future needs.

As with the majority of medical negligence claims you will generally have three years from the time of the incident in which to make birth injury compensation claims.

However, in some cases, you may have 3 years from the date that you first became aware of the birth injury. Also, if a patient was under the age of 18 at the time of the incident, they have 3 years from their 18^th birthday to claim, or an adult family member may claim on their behalf before that point.

At Hampson Hughes we are happy to discuss a ‘No Win, No Fee’ CFA (Conditional Fee Agreement) with you, as well as all possible and relevant insurance policies that can help you cover the cost of legal expenses. Contact us today to discuss our No Win, No Fee funding options that is are available for the any medical negligence compensation claims.

When you have made a claim for birth injury compensation there are a number of things that are recoverable such as costs, expenses and any damages that you wish to recover. Such damages include:

General Damages – compensation for pain, suffering and loss of amenity caused as a result of medical negligence

Medical Expenses – covering the cost of specialist care, future rehabilitation costs and private healthcare

Financial Losses – such as past and future loss of earnings

Travel Expenses – including all transportation between hospital and home, and the birth injury solicitors office and home

Funeral Expenses – In the event of death during birth, expenses can be claimed to cover the cost of the funeral

We can advise you on the amount of money you can expect to claim as part of your specific birth injury claims.

If you are looking for assistance in bringing a birth injury compensation claim our expert birth injury solicitors at Hampson Hughes can offer you expert advice and guidance. Making birth injury claims can be a complex, and often traumatic, process to undertake. We have the experience to guide you clearly through the entire claims process, ensuring that you are fully informed and understand what is expected from you, and what you can expect to receive in terms of birth injury compensation. To find out more information email us at or call on 0151 236 1222 and we’ll be happy to discuss your claim in more detail.