Experienced Birth Injury Solicitors Fighting For Your Rights
When you place your trust in medical professionals during childbirth, you expect safe, competent care. If that trust is broken through negligence, the consequences can be lifelong.
At Garratts Solicitors, our specialist birth injury claims team understands the complexities of these cases and the emotional toll they take. For a free, confidential, and no-obligation consultation, call us on 0161 665 3502, send an email to [email protected] or complete our contact form.
What Are Birth Injury Claims?
A birth injury claim arises when a healthcare professional such as a midwife, obstetrician, or paediatrician, provides substandard care that directly causes injury to a baby and/or the mother.
While the vast majority of births in the UK are managed safely, mistakes can and do happen. Failures in care can lead to avoidable harm with permanent consequences. If you or your child has suffered, you have the right to seek answers and compensation.
Common Types of Birth Injury Claims We Handle
Our birth injury solicitors have successfully secured compensation for a wide range of injuries affecting both mother and child.
Injuries to the Baby
Medical negligence during pregnancy or birth can lead to serious, lifelong conditions for the child.
- Cerebral palsy and brain injuries can be caused by a lack of oxygen to the baby's brain (hypoxia) during a difficult or prolonged delivery. Failures to monitor the baby's heart rate, delays in performing a C-section, or mismanagement of complications can all lead to devastating brain damage.
- Case example: We secured £300,000 in compensation for a family in a claim for negligent treatment during birth that led to a significant, lifelong injury to the child. The compensation is designed to help cover the extensive costs of care, therapy, and specialist equipment required as a result of the injury.
- Erb's palsy (brachial plexus injury) is nerve damage affecting the arm and shoulder, often caused when a baby's shoulder gets stuck during delivery (shoulder dystocia). Improper manoeuvres used to free the baby can stretch or tear these nerves.
- Fractures: Improper handling during delivery can cause fractures, most commonly to the collarbone (clavicle) or arm.
- Hip dysplasia is frequently caused by a failure to diagnose and treat developmental dysplasia of the hip in a newborn. This can lead to serious mobility problems later in life.
- Stillbirth & neonatal death: In the most tragic cases, failures in medical care can lead to the death of a baby. This can be due to missed signs of foetal distress, untreated infections, or placental issues.
Injuries to the Mother
The focus is often on the baby, but negligent care can also cause significant physical and psychological harm to the mother.
- Perineal tears can occur naturally; however, a failure to manage the delivery properly or perform a timely episiotomy (a surgical cut) can result in severe (third or fourth-degree) tears. These can lead to incontinence, pain, and psychological trauma.
- Incorrect management of episiotomy and suturing: Poorly performed episiotomies or incorrect stitching after a tear can cause infection, chronic pain, and aesthetic issues.
- Retained placenta: Failure to ensure the entire placenta is delivered after birth can lead to serious infection and haemorrhage.
- Case example: We represented Ms H, who suffered from a retained placenta following the birth of her child. The midwife failed to ensure the entire placenta was delivered, causing our client to become extremely unwell and requiring her to be rushed back to hospital for emergency treatment. We successfully argued that this was a failure in the duty of care and secured £22,000 in compensation for the harm caused.
- Uterine rupture or prolapse: These are serious complications that can be caused by mismanagement of labour.
- Psychological trauma (birth trauma) caused by negligent care can lead to post-traumatic stress disorder (PTSD), anxiety, and depression.
- Case example: We acted for Mrs N, who was administered an incorrect and excessive dose of Pethidine during labour. This caused her to lose consciousness, necessitating an emergency Caesarean section. The traumatic experience led to significant physical and psychological harm, including PTSD. We secured £45,000 in birth trauma compensation for her suffering.
Case Study: £300,000 Compensation for Mismanaged Birth Injury
We recently secured £300,000 in compensation for Miss P, who suffered life-changing injuries following the birth of her first child.
During the delivery, Miss P sustained a Grade 3c tear. While the tear itself was not caused by negligence, the hospital staff incorrectly classified it as a less severe Grade 3a tear. As a result, it was managed inappropriately.
This failure in the case led to devastating consequences, including a complete rupture of her anal sphincter, which caused faecal incontinence and required a temporary colostomy formation. Miss P had to endure several surgeries, all of which caused significant psychological issues. Her ongoing injuries affected her day-to-day life and ability to work.
Garratts obtained supportive medical evidence from several experts, which proved the hospital’s treatment was negligent. We achieved an early settlement of £300,000 for Miss P to compensate her for her suffering and the impact on her life.
How Do I Know If I Have a Valid Birth Injury Claim?
To have a valid claim, we must prove two essential elements:
- Breach of duty (negligence): The care you or your child received fell below the standard expected of a reasonably competent medical professional.
- Causation: This substandard care directly caused the injury, which would have been avoided with proper treatment.
These cases require independent opinions from medical experts, such as midwives and obstetricians, to assess whether the care was negligent. Our team will handle the entire process of gathering evidence and obtaining these crucial reports.
Frequently Asked Questions
What is the first step to making a birth injury claim?
A: The first step is to contact our specialist team for a free, confidential discussion. We will listen to your experience, provide initial advice on your options, and explain the process of a No Win No Fee claim. There is no obligation to proceed.
Will making a claim affect my or my child's ongoing medical care?
No. Your legal claim is entirely separate from your medical care. All healthcare professionals have a duty to provide appropriate treatment to you and your child, regardless of any legal proceedings.
What if I am not sure if the injury was caused by negligence?
This is very common, and you do not need to be certain. Our role, with the help of independent medical experts, is to investigate the care you received and determine if it fell below an acceptable standard. If you have concerns about what happened, you should seek legal advice.
Is There a Time Limit for Birth Injury Claims?
Yes, time limits apply, but they are different for children.
- For the mother: Your claim must usually be started within three years of the date of the negligent treatment, or the date you first became aware that the injury was caused by negligence.
- For the child: The three-year time limit does not begin until the child's 18th birthday. This means a claim can be started at any point up until their 21st birthday.
It is always best to seek legal advice as soon as possible, as gathering evidence is easier when events are still recent.
Will I have to go to court?
The vast majority of birth injury claims are settled out of court. Legal proceedings may be started to progress the claim, but it is rare for a case to go to a full trial. If it does, our team will support and guide you through every step.
Can I claim for the psychological impact of a traumatic birth?
Yes. We understand that a traumatic birth can have a profound psychological impact on parents. You can claim for birth trauma which may include conditions like post-traumatic stress disorder (PTSD), anxiety and depression caused by negligent care. This is a key part of securing the support you need.
