Birth Injury Compensation Claims

Injuries during birth from negligence can be life changing and heart breaking. Our experienced lawyers can help you and your family get the compensation you deserve, so you can start to re-build your lives.

More about Birth Injury Claims

Forbes Solicitors' birth injury compensation claims solicitors offer expert legal advice to individuals who have suffered a birth injury. Our birth injury solicitors can assist with a range of issues, including brain damage, spinal cord injuries, and brachial plexus injuries that can occur during a birth injury where negligence occurred. Our birth injury negligence solicitors understand the impact that a birth injury can have on individuals and work to achieve the best possible outcome in your birth injury claim.

What is a Birth Injury?

What is a Birth Injury?

A birth injury is any kind of physical harm or trauma to an infant caused by medical negligence or complications during labour and delivery. Birth injuries can range from mild to severe and can have lasting physical, cognitive, and psychological effects.

What is Birth Injury Negligence?

What is Birth Injury Negligence?

Birth injury negligence is when a medical professional fails to provide the necessary care during delivery, resulting in an injury to the baby. It can include mistakes such as incorrect use of medical instruments, failure to monitor the baby's vital signs, or failure to detect and treat problems before, during, or after delivery.

John Bennett at Forbes has been patient, supportive and understanding. From the outset I felt that my case was in safe hands. Throughout the process I have found that John is happy to explain terminology and procedures so that I have felt reassured and comfortable.

What is a Birth Injury Negligence Claim?

What is a Birth Injury Negligence Claim?

Birth injury negligence claims are legal claims brought by parents on behalf of an injured baby due to the medical negligence of a doctor or medical professional during the labour and delivery process.

Birth injuries to mother or baby that are caused by negligence can be devastating and life changing. Experienced birth injury solicitors can help you and your family get the compensation you deserve, so you can start to rebuild your lives.

Forbes Solicitors understand that clinical negligence resulting in birth injuries to mother and baby can be devastating and in severe cases life threatening. This is why we take great care in providing compassionate and understanding support in addition to our expert legal advice and make sure you get the compensation you deserve, at all times.

Our solicitors are experienced in providing advice and representation on clinical negligence claims, including birth injury and pregnancy claims to mothers and families alike and can advise you on a no win, no fee basis. Starting with a free consultation in a safe and understanding atmosphere, we work with you to ascertain as to whether in fact you have a claim, how likely your claim is to succeed, the possible compensation figures as well as your best course of action should you or your baby have been injured during pregnancy or childbirth.

Examples of Birth Injury claims

Examples of Birth Injury claims

Birth Injury Claims regarding Mothers can include but are not exclusive to:

  • Perineal tears

  • Mistakes in suturing tears

  • Episiotomies

  • Botched Caesarean sections resulting in injuries to organs

  • Failure to recognise damage caused by Caesarean sections

  • Retained swabs

  • Issues with anaesthesia.

Birth Injury Claims regarding Babies can include but are not exclusive to:

  • Brain injuries

  • Fractures to the skull, arms, legs, shoulders or collarbones

  • Cuts and scarring

  • Cerebral Palsy

  • Hip dysplasia

  • Injuries sustained from forceps.

We understand that parents may be feeling like they have nowhere to turn if mother or baby has been injured due to clinical negligence, whether before or during childbirth, but Forbes are here to help. As injuries can be extensive resulting in the need for on-going care, it's important that you seek legal advice as soon as possible to ensure any medical bills accrued are covered and any care needed for children injured due to negligence is paid for.

Your best interests and that of your children are always at the heart of everything we do, this is why we strive to ensure you receive everything you are entitled to regarding your clinical negligence and birth injury claim, including any changes or adaptations to your home as well as the required rehabilitation equipment or sessions.

It's important you get the best legal advice from the best clinical negligence team to handle your birth injury claims. Forbes is that team.

The dedicated team of Clinical Negligence Solicitors and Litigation Lawyers within Forbes draw upon a wide range of experience in all types of claims against health care authorities and professionals. This service extends to those at private clinics also.

Brain Damage : Case Study

Brain Damage : Case Study

The Claimant was delivered at 39 weeks gestation in February 2017 by way of caesarean section in poor condition, not breathing, bradycardic and cyanotic. They were transferred to neo-natal intensive care unit (‘NICU’) at 27 minutes with a diagnosis of severe perinatal asphyxia and presumed sepsis and then to Royal Preston Hospital for cooling.

The Claimant suffered with four limbs spasticity with truncal hypotonia, multi focal epilepsy, absent gag reflex, and permanent severe neurological injury which required 24-hour care with feeds taking up to 3 hours. Unfortunately, in December 2020 the Claimant died, with the post-mortem report concluding the cause of death was from sudden unexpected death in epilepsy, cerebral palsy and a viral respiratory tract infection.

It was the Claimant’s case that there was breach of duty in the latter stages of the antenatal care and more particularly avoidable delay with the timing of the decision to carry out an emergency caesarean section.

The Claimant’s mother made numerous requests leading up to the Claimant’s birth for a caesarean section.  Had these been acceded the Claimant would have  been delivered in February 2017 intact. The Claimant suffered an escalating prolonged partial hypoxic ischaemic insult which culminated in foetal circulatory collapse immediately extending to delivery which is likely to be when the injury was sustained. Had delivery been affected by elective caesarean section prior to the onset of established labour then the Claimant would have avoided all neurological injury.  There were also further delays in the decision to deliver the Claimant, due to  an unnecessary foetal blood sample.   The injury was likely to have been sustained during the final 14 minutes immediately extending to delivery and resuscitation would also have been avoided.  The letter of response admitted to a 6 minute delay.  The Defendant denied that the negligent delay was responsible for any of the damage suffered by the infant.

Expert evidence was obtained from an obstetrician gynaecologist, paediatric neuroradiologist and   paediatric neurologist.

Forbes Solicitors assisted the Claimant’s executors seek damages for the Claimant’s pain suffering and loss of amenity throughout their lifetime and for past losses for care, aids and equipment, funeral expenses, and any other additional expenses. The Claimant unfortunately passed away during proceedings, meaning that the claim was  limited to these past losses.  By negotiation , the Claimant’s executors were successful in recovering £280,000. Initially the claim was brought through the benefit of legal aid funding, however, this entitlement stopped upon the death of the Claimant and new funding arrangements were made.

Birth Injury to Mother : Case Study

Birth Injury to Mother : Case Study

The Claimant was admitted to Hospital for augmentation of labour at 36 +6 weeks gestation, following confirmed premature pre-term rupture of membranes at 34 weeks.  An ultrasound scan performed at 35 + 5 weeks gestation confirmed an intramural fibroid, and also that the leading edge of the placenta was 44 mm away from the cervical OS.  She had a previous diagnosis of placenta praevia and therefore planning a vaginal birth was considered appropriate. 

A vaginal bleed was noted, and examination found a blot clot.  Vaginal bleeding continued and a diagnosis of Antepartum haemorrhage was made with a decision to perform an emergency Category 1 Caesarean Section thereafter. 

As part of the management of the haemorrhage, emergency O negative blood was requested by the Anaesthetic Registrar. The wrong blood was collected from the fridge and the processes for checking and administering the blood product were not followed. It was noted in the medical records that over 50 mls of incorrect blood was transfused before the error was noted by the Operating Department Practitioner. The Claimant was transfused with O positive blood as opposed to O negative blood. The transfusion was stopped after 50 mls had already been transfused, and the management of the obstetric haemorrhage continued. Advice from haematology was sought in relation to the wrong blood being administered and advice was given to perform a direct anticoagulation test (DAT). 

As a result of the incident the Claimant suffered psychological trauma and underwent mental health counselling and CBT treatment. Following the incident the Claimant also suffered from short term anaemia, fatigue and tiredness. The Defendants admitted negligence at the pre-litigation stage and offered the Claimant £6,000, which was accepted.

Our Client's Story; Creating a Happy Home

Our client was subject to negligent treatment by the medical professionals who delivered her at birth. As a result, our client suffered from a brain injury which in turn has left her severely disabled.

We cannot share her identity due to an anonymity order, but we can share the benefit that the right accommodation has brought to her life.

The conclusion of a successful medical negligence claim provided her with the money to buy a bungalow suitable to meet her specialist needs and accommodate her family. It has been an evolving project to meet her specialist requirements.

A significant claim for accommodation allowed us to instruct architects and designers to modify and adapt the property. Her home now has specialised features such as extra carer accommodation to allow the family to function as a family, and for her mum to be a mum.

There is space to manoeuvre and be a child, store equipment and a wheelchair to help with mobility around the home safely and comfortably. Specialist bathing facilities, including an air dryer and level none slip flooring assist with everyday tasks. A therapy room creates space to grow and develop and to carry out essential treatment in a stimulating environment.

A turning circle for a mobility car and flat and easy access to exits and entrances allow our client to get the most out of life and feel included.

Whilst this does not reverse the pain suffered, our client and her family have a happy working home to enjoy that meets their needs and will continue to do so as our client reaches adulthood.

Here at Forbes Solicitors we have a team of specialist solicitors who can provide the advice and information on the birth injury claim process. We also work closely with other specialists such as architects, equipment providers, care specialists, orthopods and occupational therapists to develop the right property for our individual clients. We take a multi-disciplinary approach and work as a team to get the right results.

Our team of solicitors has extensive experience in providing expert legal services and support for Birth Injury Compensation Claims to clients nationwide. Contact us today to speak with our team.

Birth Injury Claims FAQs

How are birth injury claims made?

One thing we're certain of at Forbes solicitors is that no one should suffer in silence. If you have suffered a birth injury, then you should begin to claim for the compensation that you deserve and are entitled to. To open a file with Forbes solicitors so that your case can be looked into and rewarded accordingly, you should get in touch with a member of the Forbes team either by claiming online, requesting a call back or giving us a call. Once we have all the information about the birth medical negligence case that we are dealing with, we can apply our years of expertise and experience to get you the results that you are hoping for. Don't wait, get in touch today.

How can I make a birth injury claim?

Anyone that feels that they have been a victim of clinical negligence during or after giving birth should consider making a birth injury claim. If your baby has been injured due to the mistakes of doctors or other medical staff, then you should claim for what is rightfully yours. Forbes solicitors have many years of experience when it comes to birth injury compensation claims and will fight to ensure that you receive your compensation. There are a wide range of birth injuries in which we have the experience of helping families claim for. These include:

  • Cerebral palsy

  • Stillbirth

  • Lack of oxygen

  • Broken bones

If your baby has suffered any of the above or anything else relating to birth injury, then do not hesitate to get in touch with Forbes solicitors, experts in birth injury compensation claims.

How long do you have to make a claim?

If you want to make a birth injury compensation claim with Forbes solicitors, you can do so on behalf of your child until they turn 18. From 18, your child will then have three years to make a claim. If you are making a birth injury claim as a result of your child dying from a birth injury, then you have three years to submit your claim after the date of death. At Forbes Solicitors, we make making a claim an easy and streamlined process which you can either begin online or by requesting a call back. Once our team is aware of the details of your case, we will do our utmost to ensure that your birth injury claim is successful and earns you the compensation that you deserve. We take all our birth medical negligence cases extremely seriously, acting in a pragmatic and professional yet sympathetic manner at all times. Start your claim today.

My child has suffered a birth injury. Can you help them to access treatment and rehabilitation?

When you make a birth injury compensation claim with Forbes solicitors, our expert team will do our utmost to ensure that the compensation you receive is enough to cover any medical bills associated with your child's treatment. At Forbes, we won't just ensure that your child gets the treatment that they need. For more information get in touch with a member of the Forbes team either by claiming online, requesting a call back or giving us a call.

How much birth injury compensation am I entitled to?

With every birth injury being unique, it's difficult to say exactly how much compensation you would be entitled to, should your claim be successful. It depends on the extent of damage that has been suffered and how it will alter the future of the infant and the family. If you submit your claim today, our expert team can investigate the details of your individual case and give you an idea of how much you can expect to recover. To fill out a medical negligence in childbirth claim form online, simply enter your personal details and a description of the birth injury you are claiming for and a member of the Forbes team will be in touch.

Do birth injuries to the mother still warrant a compensation claim?

As well as birth injuries to a baby, birth injuries to the mother can also have devastating and life-long consequences and so if you have suffered illness or injury as a result of medical negligence during childbirth then it's important that you receive the compensation that you are entitled to. Injuries such as vaginal tears, fissures, failure to manage pre-eclampsia and incorrect stitching are all problems which could warrant a compensation pay out. Don't suffer in silence, make a claim for your birth injury with the experts at Forbes solicitors today.

When does medical negligence in childbirth occur?

Medical negligence in childbirth covers a broad range of illness and injuries related with childbirth. No matter what you have suffered, if it is a birth injury that has been the result of medical negligence then you should make a claim for compensation. At Forbes, our team of birth injury solicitors has years of experience claiming for cases exactly like yours, so don't hesitate to put in a claim today. Medical negligence in childbirth can occur to the baby or the mother, both of which can be reported to the expert team of solicitors at Forbes who will do their best to achieve the highest possible reward of compensation for the mother and child.

If you or your child has experienced an injury in childbirth as the result of medical negligence, you shouldn't have to simply deal with the consequences. At Forbes, we combine years of experience and a compassionate, friendly and helpful team which together will help you to achieve the highest award of compensation that you deserve. Begin your journey to justice and submit your birth injury compensation claim today.

How much will it costs to make a claim?

Forbes are a no win no fee solicitors and this applies for clinical negligence claims. No win no fee means that should, for whatever reason, your claim be unsuccessful, providing you have co-operated with us you will not be required to pay solicitor fees. In serious birth injury claims where the brain has been damaged it is possible to obtain public funding (Legal Aid). If you think that you have a claim, get in touch with the team and Forbes and we can advise whether or not we think there is a claim for compensation. If so, we can open you a file and begin your case in a no win no fee basis. Get in touch with Forbes today.

Recognition for our work

Our dedicated Clinical Negligence team

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Partner, Personal Injury

John Bennett

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Partner, Clinical Negligence

Leonie Millard


Senior Associate, Personal Injury

Lisa Atkinson

Your Clinical Negligence claim

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