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Birth Injury Compensation Claims
When something goes wrong during pregnancy, labour or delivery, the consequences can be life changing. A birth injury can affect a baby, a mother, or both. In the most serious cases, the impact can last a lifetime.
If mistakes were made during your care, you may be entitled to make a birth injury compensation claim.
At Nash & Co Solicitors, our Medical Negligence team supports families in Plymouth, across Devon and Cornwall, and nationally. We understand that this is not simply a legal issue. It is about your child’s future, your family’s stability, and the emotional toll of asking difficult questions about what should have been a safe and supported experience.
Our role is to guide you carefully through the process, investigate what happened, and secure the financial support you may need for treatment, rehabilitation, specialist equipment and long-term care.
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It is completely understandable to feel uncertain about this. Many parents are initially reassured that complications were unavoidable, and sometimes that is true. However, where there were warning signs that were not recognised or acted upon, it may be appropriate to investigate further.
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For a child, the three-year limitation period does not begin until their 18th birthday. This means a claim can usually be brought at any time before they turn 21. For mothers, the time limit is generally three years from the date of negligence or knowledge of it.
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Yes. Most birth injury claims relate to treatment provided by NHS Trusts and are handled through NHS Resolution. Bringing a claim does not affect your right to NHS care. Many families understandably worry about this, but your ongoing treatment will not be compromised.
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Compensation varies depending on the severity of the injury and the long-term impact. In cases involving brain injury or cerebral palsy, settlements can be substantial to reflect lifetime care needs, specialist accommodation, therapy and loss of earnings.
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Many birth injury claims settle without a trial. If court proceedings are necessary, we guide you throughout and ensure you are fully supported.
Get in touch with us to
talk about your situation
What is a Birth Injury compensation claim?
A birth injury claim is a type of medical negligence claim. It arises when substandard medical care during pregnancy, labour or delivery causes avoidable harm to a baby or mother.
Not every complication during childbirth is negligent. However, a claim may be possible if healthcare professionals failed to provide care that met accepted medical standards.
Examples of obstetric negligence include:
Failure to monitor the baby’s heart rate during labour
Delays in performing an emergency Caesarean section
Mismanagement of shoulder dystocia
Failure to identify or treat infection during pregnancy
Incorrect use of forceps or ventouse
Failure to diagnose pre-eclampsia
Failure to respond to signs of fetal distress
Birth injuries can include brain injury, cerebral palsy, Erb’s palsy, fractures, oxygen deprivation, maternal injuries and, in the most tragic cases, stillbirth or neonatal death.
A successful birth injury compensation claim can provide financial security and practical support for your child’s long-term needs.
If you think any of this has happened to you, 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 Birth Injury claim
It is not always immediately clear whether a birth injury could have been avoided. In some cases, concerns arise soon after delivery, particularly if there were complications during labour or delays in treatment. In others, it may only become apparent over time as a child develops and certain conditions or difficulties begin to show.
You may have a potential claim if there were signs of distress that were not acted on, delays in carrying out a caesarean section, or issues with the use of forceps or other assisted delivery methods. Concerns can also arise where infections were not treated, or where there was a failure to monitor the health of either mother or baby during pregnancy or labour.
Many parents tell us they were left with unanswered questions about what happened, or a feeling that something was not handled as it should have been. If you have concerns about the care you or your child received, it may be worth exploring whether the injury could have been avoided with appropriate treatment.
The amount of compensation in a birth injury claim will depend on the individual circumstances and the impact the injury has had on your child and your family. In some cases, this may involve relatively short term treatment and recovery. In others, particularly where there are more serious or lifelong conditions, the level of compensation can be significant.
Compensation is intended to reflect not only the injury itself, but also the wider impact on daily life. This can include the cost of ongoing care, specialist equipment, therapies, education support, and any adaptations needed to your home. It may also take into account loss of earnings where a parent has needed to reduce or give up work to provide care.
We understand that no amount of compensation can change what has happened. Our role is to ensure that any claim properly reflects your child’s needs, both now and in the future, so that you have the financial support and security required moving forward.
How Much Compensation Could I Receive?
Time Limits for Making a Birth Injury Claim
In most medical negligence cases, there is a three year time limit for bringing a claim. However, birth injury claims are different because they often involve children. In these cases, the three year time limit does not begin until the child turns 18, meaning a claim can usually be brought at any point up until their 21st birthday.
A claim can also be made on behalf of a child by a parent or guardian at any time before they turn 18. This is often the case where early support, care, or financial assistance is needed.
While there may be more time available in these cases, it is usually best to seek advice sooner rather than later. This allows evidence to be gathered while events are still relatively recent and can help provide clarity at an earlier stage.
How Do I Make a Birth Injury Claim?
The first step is a confidential conversation with our Medical Negligence solicitors. We will listen carefully to your experience and explain whether there may be grounds for a claim.
Birth injury claims, particularly those involving brain damage or complex disabilities, require detailed evidence and specialist expertise. We work closely with leading barristers, medical experts and care professionals to build strong cases.
Throughout the process, we focus on securing early interim payments where possible, so families can access rehabilitation, therapy and support without unnecessary delay.
Why choose Nash & Co Solicitors for a birth injury claim?
Choosing the right birth injury solicitor is an important decision.
Our team combines legal expertise with a deep understanding of the medical issues involved in obstetric negligence cases. We have experience handling complex and high value medical negligence claims and work with respected independent experts across England.
While we are based in Plymouth, we are proud to support families across Devon, Cornwall and nationally. We understand the healthcare landscape and the communities we represent.
Most importantly, we approach every case with sensitivity. We know that parents often carry feelings of guilt, confusion or anger. Our role is not only to investigate what happened but to help you feel informed and supported at every stage.
Our client-first approach
Birth injury claims are not just about compensation. They are about ensuring that your child has the best possible future and that your family has access to the support you need.
From the outset, we focus on:
Clear, honest communication
Regular updates
Access to specialist rehabilitation where appropriate
Working around your family commitments
Minimising additional stress
We recognise the emotional strain that medical negligence can place on families. Our team is committed to handling your case with care, professionalism and respect.
Additional Support
Our team of specialist lawyers work on a no-win, no-fee basis, meaning there is absolutely no financial risk to you or your family. You won't be asked to make any upfront costs. In your free consultation, we can explain how your claim will be funded in more detail.
We may even be able to get you some interim payments to help pay for any medical treatments needed.
To find out whether you're able to make a birth injury misdiagnosis claim, please call us on 01752 827085. You'll get to speak to one of our Medical Negligence team, who can answer some of your questions and discuss your circumstances in more detail.
Birth Injury Claims FAQs
Below, we have addressed the most commonly asked questions about birth injury claims and compensation.
If you have any other questions that aren't answered here, don't hesitate to contact us.
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Obstetric negligence occurs when care provided during pregnancy or childbirth falls below accepted professional standards and causes avoidable harm. Not every complication amounts to negligence, but where mistakes or delays have made a difference to the outcome, it may be appropriate to investigate.
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In some cases, yes. Cerebral palsy can arise from oxygen deprivation or trauma during labour. Not all cases are due to negligence, but some are linked to failures in monitoring or delayed intervention.
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Shoulder dystocia can be unpredictable, but it must be managed appropriately. If medical professionals failed to respond in line with accepted practice and this resulted in injury such as Erb’s palsy or fractures, it may be possible to pursue compensation.
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Infections in newborns can sometimes be prevented or treated effectively when recognised early. If there was a delay in diagnosis or treatment that led to avoidable harm, we can investigate whether the care provided met expected standards.
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Yes. Claims can arise from severe perineal tears, failure to manage post-partum haemorrhage, delayed diagnosis of complications, or surgical errors during Caesarean section.
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These claims can take time because they require detailed expert evidence and careful assessment of long term needs. While this can feel lengthy, it is important to ensure any settlement properly reflects the full impact of the injury. Where appropriate, we seek interim payments to provide earlier financial support.
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No. Bringing a medical negligence claim will not affect your access to NHS treatment. We appreciate that this concern is common, particularly when ongoing care is needed.
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Compensation is intended to provide practical and financial support. It can include funding for specialist care, therapy, equipment, adapted accommodation, education support and loss of earnings where relevant. The aim is to ensure your child has the best possible support for the future.
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Yes. Some birth related injuries are not immediately identified. The law recognises this, and time limits for children allow space to investigate once the nature and cause of the injury become clearer.
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Contact our medical negligence solicitors for a confidential discussion. We will listen carefully, explain whether there may be grounds for a claim and outline what the next steps would involve.
Get in Touch
As one of the top law firms in Plymouth, we make four promises to you that shape our everyday job to deliver exceptional client service and positive outcomes.
We are transparent about costs
We'll keep things simple and understandable
We'll always be straight with you and keep you informed
You'll get fast, efficient, and reliable service
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.