Birth should be the moment a family meets its newest member - not the start of a fight for care and answers. If something went wrong during your pregnancy, labour or the first hours of your baby's life, and you've been left dealing with a long-term injury to your child or yourself, a birth injury claim can secure the money needed to fund the care, equipment and support that follows.
Birth should be the moment a family meets its newest member - not the start of a fight for care and answers. If something went wrong during your pregnancy, labour or the first hours of your baby's life, and you've been left dealing with a long-term injury to your child or yourself, a birth injury claim can secure the money needed to fund the care, equipment and support that follows.
This page explains exactly how birth injury claims work in the UK: the common injuries we claim for, how the NHS Resolution Early Notification Scheme fits in, the time limits for a child's claim, and how settlements worth £1m, £5m or £15m+ are actually built.
Every case is handled on a no win, no fee basis. The first conversation is free, confidential, and there's no pressure to pursue anything.
Who these claims are for
Most people picture birth injury claims as being about a severely disabled child, and they often are. But this category is broader. We run claims for:
- Children injured during pregnancy, labour or the neonatal period.
If the care fell below the standard a competent obstetric team would have provided (the Bolam/Bolitho test, explained on our medical negligence pillar), and that failing caused avoidable harm (causation), there is the basis for a claim.
The types of birth injury we claim for
Cerebral palsy
A group of lifelong motor disorders caused by damage to the developing brain. In birth-related cases, the damage is typically from a period of oxygen deprivation (hypoxia) around labour or delivery. Severe CP claims are among the highest-value in UK law, because lifetime care, accommodation, equipment and loss of earnings together run into millions.
Hypoxic-ischaemic encephalopathy (HIE)
Brain injury caused by lack of oxygen and blood flow around birth. HIE can lead to cerebral palsy, epilepsy, cognitive impairment or, in the most severe cases, neonatal death. Most HIE cases are picked up early and investigated under NHS Resolution's Early Notification Scheme.
Erb's palsy and brachial plexus injuries
Nerve injuries caused when excessive traction or lateral flexion is applied to a baby's head and shoulder, typically during shoulder dystocia. Most Erb's palsy cases settle in the £60,000-£300,000 range depending on residual function; severe cases involving total arm paralysis settle much higher.
Shoulder dystocia and failure of manoeuvres
Shoulder dystocia itself is an obstetric emergency, not negligence. Claims arise where the response - the sequence of manoeuvres (McRoberts, suprapubic pressure, internal rotation) - was delayed or applied with excessive traction, causing nerve, brain or musculoskeletal injury.
Maternal birth injuries
Often overlooked. Claims are brought for third and fourth-degree perineal tears, missed or inadequate repairs, retained products of conception, undiagnosed pre-eclampsia or HELLP syndrome, uterine rupture, and life-changing postpartum haemorrhage. Birth trauma PTSD is a frequent add-on claim.
Neonatal jaundice and kernicterus
Claims arise where severe jaundice is not diagnosed or treated promptly, leading to bilirubin-induced brain injury.
Neonatal sepsis and group B streptococcus
Failure to recognise sepsis red-flags, or to offer intrapartum antibiotics where GBS was known or suspected, is a recurring theme.
Stillbirth and neonatal death
Claims address failures in monitoring (CTG misinterpretation), delayed escalation, missed fetal growth restriction, and failure to act on reduced fetal movements.
The legal test - the same as all clinical negligence
A birth injury claim succeeds only where both breach of duty and causation are proved:
- Breach: the maternity team's actions (or inaction) fell below the standard of a responsible body of competent obstetric / midwifery opinion. In practice this usually means measured against the RCOG green-top guidelines, NICE NG235 Intrapartum Care, and the specialty-wide standards prevailing at the time.
The NHS Resolution Early Notification Scheme (ENS)
The ENS is a proactive scheme run by NHS Resolution that applies to potential severe birth-brain-injury cases in England. NHS trusts must report qualifying incidents to NHS Resolution, who then investigate liability early - often within weeks rather than years. Key points for families:
- The ENS is investigated regardless of whether you've instructed a solicitor.
Having your own specialist clinical negligence solicitor involved alongside the ENS is standard practice.
How much compensation can you receive?
Birth injury compensation is almost always dominated by future losses rather than general damages. The Judicial College Guidelines 17th edition (April 2024) sets the general-damages figures, but in a serious case they're a small fraction of the total.
Illustrative general-damages ranges (JCG 17th edition)
- Very severe brain injury (severe CP, catastrophic HIE): ~£344,150 - £493,000
Future losses - where the real money lives
- Lifetime care - often 24-hour, two-carer provision in severe cases.
Very severe cerebral palsy claims regularly settle for lump sums between £5 million and £15 million, plus periodical payments for the most expensive ongoing items.
Time limits for birth injury claims
A child's claim in England and Wales can be brought at any time up to their 21st birthday - the three-year clock under the Limitation Act 1980 does not start running until they turn 18. Where the child lacks mental capacity to manage their own affairs (as is often the case with severe CP or HIE), there is no time limit at all while capacity is absent. Maternal claims run from the date of the negligence or the 'date of knowledge', within the standard three years. See our time limits guide and the separate claiming on behalf of a child guide.
How birth injury claims are funded
Every case we take on is on a Conditional Fee Agreement (no win, no fee). For the full mechanics see no win no fee explained.
