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Broken Bones During Birth Compensation Claims
Discovering that your baby has suffered a fracture during delivery can be deeply upsetting. For some families, the injury is identified immediately. For others, it becomes apparent only when a baby appears unsettled, reluctant to move, or is in visible discomfort.
While some fractures during birth can occur even where care has been appropriate, there are circumstances where avoidable errors during labour or delivery may have contributed to the injury. If your baby suffered a broken bone during birth and you are concerned that medical negligence may have played a part, you may be entitled to bring a compensation claim.
These injuries cause real distress and lingering concern. Our role is to investigate carefully, provide clear answers and, where appropriate, secure compensation to support your child’s recovery and wellbeing.
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Fractures during birth are relatively uncommon but can occur, particularly in complicated deliveries. In many cases, they heal fully with appropriate care. However, when an injury arises in circumstances where safer techniques could have been used, it is reasonable to ask whether the standard of care was appropriate.
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No, they can sometimes occur even when delivery is managed appropriately. The key question is whether the medical team followed accepted obstetric practice and used appropriate techniques. An independent review of the records is needed to determine whether the injury was unavoidable or the result of substandard care.
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Symptoms can include swelling, reduced movement of an arm, irritability when handled or an audible crack during delivery. If concerns were not identified promptly after birth or appropriate imaging was delayed, this may be relevant to a claim.
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Many fractures heal well without lasting impact. However, in some cases there may be nerve damage, restricted movement or ongoing discomfort. Independent medical assessment is required to understand the likely long-term outcome.
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Where a claim relates to a child, the usual three year limitation period begins on their 18th birthday. This allows time to investigate thoroughly and consider the long-term effects before taking legal action.
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What is a Broken Bone during Birth compensation claim?
A broken bone during birth compensation claim is a type of medical negligence claim. It arises where substandard care during labour or delivery caused a preventable fracture.
The most common birth-related fractures include:
Clavicle fractures
Humerus fractures
Skull fractures
Rib fractures
Some fractures occur in difficult deliveries, particularly where shoulder dystocia is present. However, if excessive force was used, appropriate manoeuvres were not followed, or recognised risk factors were not properly managed, the injury may have been avoidable.
Although many fractures heal well, some can lead to complications, ongoing pain, nerve damage or longer-term functional issues. A claim can help cover treatment, follow-up care and any wider impact on your child or family.
If you think this has happened to you or your child, or you want to get in touch about the details of your situation, please contact our team of professional lawyers to see if you can make a claim.
Signs You May Have a Broken Bones during Birth Claim
Broken bones during birth can sometimes occur even where care has been appropriate, but there are situations where these injuries could have been avoided. You may have a claim if:
Excessive force was used during delivery
Forceps or ventouse were used incorrectly
There were delays in responding to complications during labour
Shoulder dystocia was not managed appropriately
Warning signs during labour were not acted upon
A Caesarean was delayed when it may have been safer
In many cases, parents begin to question what happened after concerns are raised by another professional or when recovery does not follow the expected course. If you have unanswered questions, it may be helpful to seek advice.
Compensation for a broken bones during birth claim will depend on the nature of the injury and how it has affected your child and family.
In some cases, fractures heal well with limited long-term impact. In others, complications can lead to ongoing pain, restricted movement or additional medical needs.
A claim may include:
Pain, suffering and the impact of the injury
Medical treatment and follow-up care
Physiotherapy or rehabilitation
Costs of additional support or equipment
Any longer-term care needs if complications arise
Each case is assessed individually. We will ensure that both immediate and future needs are properly considered when valuing your claim.
How Much Compensation Could Your Child Receive?
How do I make a Broken Bones during Birth compensation claim?
The first step is to have a confidential discussion with our medical negligence team. You can explain what happened during the birth and your concerns about your child’s injury. We will listen carefully and advise whether there may be grounds to investigate further.
If appropriate, we will obtain the medical records and instruct independent obstetric experts to review the management of the labour and delivery. The focus will be on whether the techniques used were in line with accepted standards and whether the fracture could have been avoided.
If the evidence supports a claim, we will explain clearly what compensation may cover and guide you through the next steps in a straightforward and supportive way.
Time Limits for Making a Broken Bones during Birth Claim
Time limits for bringing a claim will depend on who the claim is for.
Where the injury relates to a child, the usual three-year time limit does not begin until their 18th birthday. This means a claim can generally be brought at any point during childhood.
If a parent is bringing a claim in relation to their own injury, the three-year period usually runs from the date of the incident or from when they first became aware that something may have gone wrong.
Because evidence is often easier to obtain closer to the time of the birth, it is sensible to seek advice sooner rather than later.
Why choose Nash & Co Solicitors for a Broken Bones during Birth claim?
Although some birth-related fractures heal quickly, the experience can be distressing for both parents and child. Being told that an injury was “just one of those things” does not always ease concern, particularly if events during delivery felt chaotic or rushed.
Our Medical Negligence solicitors approach these cases with careful attention to detail. We work with experienced obstetric experts to assess whether proper procedures were followed and whether alternative approaches were available.
Based in Plymouth, we regularly support families across Devon and Cornwall, combining legal expertise with clear communication to ensure you understand your options at every stage.
When a baby is injured during delivery, even if the injury is described as minor, parents can feel unsettled and uncertain. You may replay the events of the birth and question whether something could have been handled differently.
We take time to listen before offering legal advice. If there are grounds for a claim, we will explain this clearly and pursue it robustly. If the medical evidence suggests the injury was unavoidable, we will tell you that openly.
Our aim is to provide clarity and reassurance. Whether your child’s injury heals quickly or has longer-term consequences, you deserve an honest assessment of what happened and respectful support throughout.
Our client-first approach
Additional Support
We understand that when a baby is injured during birth, the experience can stay with families long after the physical injury has healed. It can raise difficult questions about what happened and whether anything could have been done differently.
Our Medical Negligence team offers a free, no-obligation consultation where you can speak with a member of the team in a supportive and understanding environment.
We handle claims on a no win, no fee basis, meaning there are no upfront costs and no financial risk if the claim is unsuccessful.
If your claim is successful, we may also be able to secure interim payments to help with treatment, therapy or additional support while your case progresses.
If you would like to explore whether you can make a broken bones during birth claim, we are here to help you take the next step.
Broken Bones during Birth Compensation Claims FAQs
Below, we have addressed the most commonly asked questions about broken bones during birth claims and compensation.
If you have any other questions that aren't answered here, don't hesitate to contact us.
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It is true that some fractures can occur during difficult deliveries even when care has been appropriate, and hearing that can sometimes leave families feeling uncertain rather than reassured. A fracture being “a known risk” does not automatically mean everything was handled correctly. The key question is whether the delivery was managed in line with accepted practice, including the techniques used and the decisions made at the time. A careful review of the records by an independent expert can help to understand whether the injury was genuinely unavoidable, the response was timely and in line with accepted standards, and if intervention might have reduced the extent of the injury.
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In some circumstances, yes. If traction or pressure is applied in a way that is not appropriate for the clinical situation, it can increase the risk of fractures, particularly to the clavicle or arm. That said, it is important to thoroughly assess this on an individual basis as some deliveries are complex and require urgent manoeuvres. The role of an expert review is to assess whether the force used was within accepted standards and whether alternative approaches could have reduced the risk of injury. We will guide you through that process calmly and clearly.
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Skull fractures can vary significantly, and this uncertainty can be frightening for parents. Some fractures heal fully with monitoring and appropriate care, while others may require further assessment to rule out associated injury. If a skull fracture occurred during instrumental delivery or in circumstances where risk factors should have been considered, it may be appropriate to investigate whether the delivery was managed safely. We work with independent experts to clarify what happened and what the medical evidence shows, so you are not left guessing.
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Compensation is intended to support your child’s recovery and to ease any practical impact on your family. This can include follow-up medical care, physiotherapy, travel costs, additional support needs and any longer-term consequences if complications develop. Even where a fracture heals well, the experience still involves distress, disruption and extra appointments. We will assess the circumstances carefully and explain what may be recoverable in a clear, straightforward way.
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Some fracture-related claims can be resolved more quickly than other complex birth injury cases, but they still require proper investigation and independent expert evidence. The timescale depends on how clear the medical evidence is, whether liability is admitted, and whether there are any ongoing symptoms that need monitoring. We will keep you updated throughout and progress matters steadily, while making sure the claim is valued properly and not rushed.
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Many medical negligence claims settle through negotiation rather than going all the way to a trial. We understand that the idea of court can feel daunting, and in many cases it is not necessary. If court proceedings are required, it does not mean you will automatically have to give evidence, and we would support and guide you carefully throughout. Our approach is always to pursue the best outcome while keeping the process as manageable as possible for you.
If a claim is settled then usually the settlement has to be approved by a Judge at a short informal hearing.
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Yes. Even if your baby has recovered well, you may still want clarity about whether the injury could have been prevented. In some cases, there may also be follow-up implications, such as monitoring, ongoing discomfort, or a need for reassurance about long-term impact. The fact that a child has improved does not automatically mean there was no negligence. We can advise you carefully once the medical evidence has been reviewed.
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Rest assured, whatever medical negligence issue you're facing, we'll do our best to help you.
Give us a ring or fill in our form below to speak to a member of our team today, and get the answers you need to make your claim.
If your enquiry is urgent then please call us on 01752 827085.