Birth Injury Compensation Claims

A birth injury is any type of harm that a baby suffers before, during, or shortly after birth. Some injuries are relatively minor, such as temporary bruising, and heal on their own. Others are more serious and can have lifelong consequences, particularly if the baby’s brain has been deprived of oxygen during delivery.

Serious birth injuries can include cerebral palsy, brain damage, nerve injuries such as Erb’s palsy, or trauma from the incorrect use of forceps or ventouse. These types of injuries can affect your child’s physical health, cognitive development, and quality of life long into the future.

Not all birth injuries are caused by negligence. However, if there were avoidable delays, poor communication, or mistakes made during your care, it is important to understand whether things could and should have been handled differently. Our team can help you look into this carefully and support you if a legal claim is appropriate.

It’s not always clear at first whether a birth injury was simply an unfortunate outcome or something that could have been avoided with better care. Medical negligence occurs when the care provided falls below an acceptable standard, and that failure causes harm.

Signs that negligence may have occurred could include:

• A delay in performing a caesarean section despite signs of fetal distress

• Failure to monitor the baby’s heartbeat or movements properly

• Poor management of shoulder dystocia or other delivery complications

• Delays in responding to infection or bleeding

• Poor communication between healthcare staff leading to inaction

If you feel that something wasn’t right, or if concerns were raised by a midwife, doctor, or other medical professional, it may be worth exploring further. We’ll help you access medical records, speak to independent experts, and understand whether the standard of care you received contributed to your child’s injury.

Cerebral palsy is a neurological condition that affects movement, muscle tone, and coordination. It is caused by damage to a baby’s developing brain, often around the time of birth. The severity of cerebral palsy can vary widely, from mild physical difficulties to significant physical and learning disabilities that require lifelong care and support.

Cerebral palsy can be linked to complications during labour or delivery, such as:

• Lack of oxygen to the baby’s brain (hypoxia)

• Infections that weren’t diagnosed or treated in time

• Head trauma from a difficult birth or incorrect use of delivery tools

• Untreated jaundice or other preventable conditions in the newborn period

Not all cases are caused by negligence, but some are. If your child has been diagnosed with cerebral palsy and you’re unsure why, we can help you understand whether medical errors may have been involved and whether you may have a claim for compensation.

In most medical negligence cases, the time limit for starting a claim is three years from the date of the injury, or from the date you first became aware that the injury may have been caused by negligence.

However, when the claim is being made on behalf of a child, the time limit does not begin until the child turns 18. This means a claim can usually be brought up until their 21st birthday.

In cases where a child has suffered a serious brain injury and lacks mental capacity to make decisions about their own affairs, there may be no time limit at all.

We always recommend seeking legal advice as early as possible. The sooner you contact us, the easier it can be to gather evidence and get the right support in place for your child and your family.

Compensation in a birth injury claim is not a fixed amount. It depends on the severity of the injury, the impact it has on your child’s life, and the care and support they will need both now and in the future.

A successful claim may cover:

• The cost of therapies and treatments not available on the NHS

• Specialist equipment, mobility aids, and home adaptations

• Ongoing care and support, including respite care for families

• Loss of future earnings if your child is unable to work

• Pain, suffering, and loss of quality of life

• Emotional and psychological support for the family

Where the injury is serious, such as in cases of cerebral palsy, compensation can be substantial. Our role is to work closely with you, and with independent medical and financial experts, to ensure the settlement truly reflects your child’s long-term needs.

Choosing the right solicitor is important, especially when you are dealing with something as sensitive and life-changing as a birth injury. At Nash & Co Solicitors, we bring together decades of experience in medical negligence claims with a deeply human and caring approach.

We know how hard it is to talk about what happened. That’s why we take the time to listen, to explain things clearly, and to be there when you need support. You will have a dedicated solicitor handling your case from start to finish, someone who knows your story and who will fight for the outcome you deserve.

Our birth injury team is experienced, approachable, and honest. We will always give you straightforward advice, without pressure or legal jargon. And we’ll do everything we can to make the process less stressful and more manageable for you and your family.