What is a birth injury claim?
A birth injury claim arises when a mother or baby suffers harm during pregnancy, labour or delivery that was caused — or made worse — by care that fell below a reasonable standard. It covers both physical injury to the baby and harm suffered by the mother during or after the birth. Not every difficult birth is negligent, but where substandard care caused avoidable harm, a claim may arise.
What you need to prove
Like all medical negligence claims, a birth injury claim requires three things:
- Below-standard care. The care provided by the midwife, obstetrician, hospital or other treating practitioner fell below what a reasonable practitioner in that role would have provided.
- Harm. The mother or baby suffered a real injury or adverse outcome — not simply a difficult birth, but an identifiable physical or developmental harm.
- Causation. The substandard care caused or materially contributed to the harm. This is often the most contested element, because complications in birth can have multiple causes.
Common examples
- Failure to monitor foetal distress during labour, leading to oxygen deprivation and cerebral palsy
- Delayed or missed decision to perform a caesarean when one was clearly indicated
- Errors in the use of forceps or vacuum delivery causing head or nerve injury
- Failure to diagnose and treat pre-eclampsia or gestational diabetes during pregnancy
- Medication errors during labour — wrong dose of oxytocin, anaesthetic complications
- Failure to warn a mother of risks associated with vaginal birth where a caesarean was an option
Time limits
Adults generally have three years to bring a medical negligence claim, running from when the claim became discoverable. For birth injuries to a child, the time limit works differently — the clock generally does not run against the child in the same way it does for an adult. Where the injured person is the mother, the ordinary adult rules apply. Because the rules are technical and depend on the circumstances, checking early is always the right call. See Time limits for medical negligence claims for the detail.
What compensation can cover
Where a birth injury claim succeeds, compensation can account for the full range of losses caused by the harm:
- Past and future medical treatment, therapy and rehabilitation
- Ongoing care and support — including unpaid care provided by family
- Lost income, for a parent who is unable to work as a result of the injury
- Pain and suffering, where the injury meets the relevant threshold
- Costs of equipment, home modifications or specialised education for a child with a disability
In cases involving serious long-term disability — cerebral palsy, for example — the claim can be substantial, reflecting a lifetime of additional need.
How Clever handles birth injury claims
Birth injury cases are among the most complex in medical negligence — the records are extensive, multiple practitioners are often involved, and establishing causation requires expert input across obstetrics, neonatology and, in some cases, neurology. We use technology to organise and review the records efficiently, so our lawyers can reach a clear view on whether a claim exists without the process costing more than the claim is worth to investigate. If the evidence supports it, we pursue it — no win no fee, fixed for each stage of work, capped at 20%.
If you believe your birth or your child's birth involved care that caused harm, start a free assessment. There is no cost, no obligation, and no guaranteed outcomes — but you will get a plain answer.