When a birth injury occurs that could have been prevented, the impact on your child and your family can be profound and lasting. If your baby suffered a birth injury as a result of substandard medical care, before, during, or immediately after delivery, you may be entitled to bring a birth injury compensation claim. Farleys’ specialist medical negligence solicitors will listen to your experience, explain your options honestly, and support your family every step of the way.
If you or somebody close to you has been injured during pregnancy or labour, or following labour, and you’d like to speak to an expert solicitor about the possibility of bringing a claim, please call us today on 01254 606 008 or get in touch using our online enquiry form. We will advise you in the first instance free of charge, and help you to decide whether pursuing a claim is the right course of action for you.
Birth injuries range in severity from conditions that resolve in time to those that have a permanent and life-changing impact. Our medical negligence team handles the full range of birth injury claims, including:
Cerebral palsy caused by oxygen deprivation during labour, often due to a failure to monitor foetal distress, delayed intervention, or complications with the umbilical cord, is one of the most common forms of birth injury we see. Compensation secured in these cases is often substantial and provides the long-term financial support families need for care, therapy, and specialist equipment.
Hypoxic-ischaemic encephalopathy is a form of brain damage caused by a lack of oxygen and blood flow to a baby’s brain around the time of birth. HIE can result in cerebral palsy, learning difficulties, epilepsy, and other long-term conditions. Where delayed detection or inadequate monitoring contributed to the injury, a medical negligence claim may be possible.
Erb’s palsy is a nerve injury affecting the arm and shoulder, typically caused by excessive traction on the baby’s head during a difficult delivery. If the injury was caused by mismanagement of shoulder dystocia or inappropriate use of force during delivery, there may be grounds for a birth injury claim.
Fractures to the collarbone, arm, or leg can occur during difficult deliveries. While some fractures in complex deliveries are unavoidable, others result from the inappropriate use of instruments or excessive force. We’ll assess the circumstances carefully to determine whether negligence played a role.
We represent families who have experienced the devastating loss of a baby due to preventable complications during pregnancy, labour, or the neonatal period. These claims are handled with the utmost care and sensitivity, and we will always take the time to understand what your family has been through.
Birth injuries can affect mothers as well as babies. Serious tears, perineal injuries, complications following emergency C-sections, or injuries caused by the negligent use of forceps or ventouse can have lasting physical and psychological consequences. We help mothers pursue medical negligence claims where substandard care contributed to their injuries.
We understand that pursuing a claim is a big decision, particularly when your family is still coming to terms with what has happened. Here’s how we handle the process:
Step 1 — Compassionate initial consultation
We’ll talk with you in a way that’s comfortable for you, by phone, video, or in person. You’ll never feel rushed, and there’s no obligation to proceed.
Step 2 — Obtaining medical records
We gather your complete medical records from the NHS Trust or hospital responsible for your care, as well as any relevant records from your pregnancy and antenatal care.
Step 3 — Independent expert review
We instruct specialist independent medical experts, including obstetricians, neonatologists, and midwifery experts, to review your case and provide an opinion on whether the standard of care fell below an acceptable level.
Step 4 — Establishing causation
We work with experts to establish not only that the care was negligent, but that the negligence caused or contributed to the birth injury. This is a critical step in medical negligence cases.
Step 5 — Negotiation
We present the evidence to the NHS Trust or their insurers and negotiate for a settlement that reflects the full impact of the birth injury on your child and your family, now and in the future.
Step 6 — Settlement or court proceedings
Most birth injury claims settle without reaching court. Where necessary, we will issue proceedings and represent you at trial.
Note: Birth injury claims are complex and can take several years to resolve, particularly where long-term prognosis is uncertain. We will keep you fully informed throughout and manage expectations honestly.
With over 65 years of experience behind us here at Farleys, we understand that birth injuries can be one of the most distressing situations any family can face. We’re passionate about doing everything we can to help you get the answers and recognition your family deserves, so you can begin to move forward.
We appreciate that you’re the one who knows what’s best for your family and that means our job is to listen. We’ll take the time to understand the full background of your case, assess your circumstances carefully, and set out your options clearly, with honest recommendations tailored to what we believe will achieve the best possible outcome for you.
Alongside your birth injury compensation claim, we can also help connect you with the psychological support and rehabilitation services your family may need as part of your recovery.
Bringing a new baby into the world should be an exciting and happy time. However, unfortunately for some new mums and dads, things can go horribly wrong, causing injuries to their new baby, to mum or in the worst cases, to both.
The after-effects of a birth gone wrong can be devastating, and may continue many years into the future. Problems can arise naturally during pregnancy, in labour or after the baby is born, but sometimes they are caused by negligence; through a failure to provide adequate or appropriate care.
Whether you have been treated within the private sector or the NHS, Farleys can help you to claim compensation for the pain, suffering and any financial loss you have incurred as a result.
Farleys will do everything possible to bring your medical negligence claim on a ‘no win no fee’ basis; which means you will keep 100% of the compensation you are awarded.
We understand that pursuing a claim relating to birth can be extremely upsetting and our expert solicitors will guide you every step of the way; helping you to secure the compensation you deserve.
If you, or somebody close to you has been injured during pregnancy or labour, or following labour, and would like to speak to an expert solicitor about the possibility of bringing a claim, please call us today on 0333 331 4602 or email us. We will advise you in the first instance free of charge, and help you to decide whether pursuing a claim is the right course of action for you.
Our client, Miss D*, contacted Farleys Solicitors after experiencing medical negligence during the birth of her second child. Miss D had at...
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Our client, Ms I*, approached Farleys’ clinical negligence team after a traumatic experience during the birth of her first child. Prior t...
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If you would like some initial advice on bringing a birth injuries claim, please call our experienced team of medical negligence solicitors on 01254 606 008 or get in touch using our online enquiry form. With offices across the North West, including Manchester, Blackburn, Burnley and Preston, our team is ready to assist you.
Contact UsHow long do I have to make a birth injury compensation claim?
The time limit for a birth injury claim depends on who was injured. For a child who suffered a birth injury, the three-year limitation period does not start until their 18th birthday, meaning a claim can be brought up to their 21st birthday. For maternal injuries, the three-year period runs from the date of the injury or the date of knowledge. We recommend seeking advice as early as possible.
How much compensation can be claimed for a birth injury?
Birth injury compensation reflects the full impact on your child’s life and your family’s needs. For serious conditions such as cerebral palsy caused by negligence, compensation can be substantial, covering lifelong care costs, specialist equipment, therapies, housing adaptations, educational support, and loss of future earnings. Cases involving severe conditions have resulted in multi-million-pound settlements. We will give you a clear and honest assessment of what your claim may be worth.
Does making a claim affect your NHS care?
No. Making a clinical negligence claim does not affect your child’s right to NHS care or your own. The NHS has dedicated legal teams that handle claims separately from clinical services. Your relationship with your healthcare providers will not be impacted by the claim.
What is the difference between a birth injury and a birth defect?
A birth defect is a congenital condition caused by genetic or developmental factors unrelated to medical care. A birth injury is a harm caused during pregnancy, labour, or delivery, often preventable with the appropriate standard of care. Medical negligence claims relate to birth injuries, not birth defects. We’ll assess the circumstances of your case to determine whether a claim is possible.
Can I claim if my child's birth injury was caused by a midwife?
Yes. Medical negligence claims can be brought against NHS Trusts, private hospitals, and individual healthcare professionals including midwives, obstetricians, and anaesthetists. In NHS cases, the claim is typically brought against the Trust as employer. We’ll identify the correct defendant and bring the claim accordingly.
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