When does childbirth become a medical negligence claim?

Expectant mothers can often feel extremely cautious and vulnerable during both pregnancy and childbirth. It’s during these times that you put your trust in the medical professionals caring for you.

If medical professionals fail to diagnose or treat your symptoms properly or make a mistake, you may be entitled to claim compensation due to medical negligence.

What are the most common causes and types of birth injuries

There are different scenarios which can lead to a birth injury such as:

Birth injuries to the mother

• Perineal tears - third and fourth degree
• Wrongly performed episiotomies
• Mistakes in suturing tears or episiotomies
• Fissures
• Injuries to organs from caesarean sections or failing to recognise damage at the time
• Retained swabs
• Anaesthetic errors
• Errors in managing pre-eclampsia

Birth injuries to the child

• Cerebral palsy
• Brain injuries
• Fractures to the skull, legs, arm, shoulder and collarbone
• Cuts and scars
• Hip dysplasia
• Fatalities

If you believe you or your child have been injured due to medical negligence, contact us to establish your full legal position.

How do I manage financially before a case has settled?

Interim payments are payments which are made before your case reaches a final conclusion. They can be extremely useful for those who've experienced a birth injury as they can pay for private medical treatments, rehabilitation support and equipment, as well as providing financial support if you’ve suffered a loss of earnings.

We’ll ensure we secure interim payments for you at the earliest convenience. Contact us to establish your full legal position 0330 041 5869.

How much does it cost to make a childbirth negligence claim?

The majority of our childbirth injury negligence claims are funded by a Conditional Fee Agreement, otherwise known as a No Win No Fee agreement. This means if you lose your case, you will not have to pay any fees and therefore, there’s no financial risk to you.

Where a child has suffered from a neurological injury at birth or within the early neonatal period, Slater and Gordon are able to offer legal aid funding. It's important to note that not all law firms are able to offer legal aid. For further information, about funding, read our Medical Negligence Fees page.

How much can I claim for childbirth injury negligence?

Every case of childbirth injury negligence is different, and the final amount of compensation awarded will be based on the severity of the injury and the effect the injury has had on your life.

Additionally, you’ll also be able to claim for any lost earnings, any long-term care, rehabilitation and any necessary house adaptations to maximise the chance of recovery and independent living.

We’ll also ensure that any compensation claim includes the cost of everything necessary to provide you with the best quality of life possible in the future, such as future care costs, future treatment and future loss of earnings.

To establish your full legal position, call us on freephone 0330 041 5869.

How much time do I have to claim?

If you believe you have a claim, it’s important that you seek advice from a lawyer who specialises in medical negligence cases as soon as possible, as there are time limits in place in England, Scotland and Wales.

Generally, a claim should be made within three years from the date the negligence occurred or the date you were first aware that you had suffered a significant injury or illness due to negligence. However, there are exceptions.

To read more about the time limits of making a claim, please read our medical negligence FAQs or our medical negligence claims guide.

Why choose Slater and Gordon?

Not only do we have many years' experience securing compensation for childbirth negligence, we also have the utmost sensitivity to handle your case with great care.

Crucially, our lawyers know the importance of supporting you and your family through this most difficult time. We’ll be sensitive to your needs, compassionate in understanding the challenges you face and dedicated to fighting your case.

As well as lawyers who are experts in the field of medical negligence, we also have trained nurses and midwives on our team. We offer home and hospital visits and provide immediate representation and rehabilitation support.

Contact us for a free consultation to help you understand whether or not you have a claim.

Can I change my solicitors to Slater and Gordon?

If you or your child have suffered a birth injury as a result of medical negligence, and you feel that you're not getting the specialist legal advice you need from your current solicitor, we'll be happy to discuss switching your case to Slater and Gordon. Simply call our experts on 0330 041 5869 or contact us online.