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Birth Injury Claims

If you or your child are living with the consequences of a birth injury, you may be able to make a claim for compensation. This can provide you with the funds to afford professional care, occupational therapy, accommodation needs and more – both now and in the future.

Our accredited and specialist medical negligence solicitors are available to advise anyone who has experienced a birth injury that was the result of substandard medical care. To speak to our team today, please use the contact details below.

 

 

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Why work with our birth injury solicitors?

At Minton Morrill, we are industry-leading experts in the field of medical negligence.

Industry leaders

Medical negligence expertise independently recognised by leading client guides, the Legal 500 and Chambers & Partners

No win, no fee claims

We represent clients on a no win, no fee basis, meaning anyone can pursue a claim

Highly experienced

30 years of experience in advising on medical negligence claims

 

You can learn more about our expertise with medical negligence matters, including birth injuries, here.

Making a birth injury claim with our team

We understand that the prospect of starting a claim for birth injury compensation can seem daunting. As cases can be complex, we will take every measure to keep things as straightforward and stress-free as possible. We will provide clear updates and let you know what to expect at every stage.

For a birth injury claim, our team will:

  • Meet you to talk about your case and establish whether you will be entitled to compensation.
  • Gather and collate all the information relevant to the claim.
  • Explain your funding options for making a claim, including no win, no fee.
  • Request all medical records from the hospitals and/or GPs involved.
  • Collect witness statements.
  • Instruct independent medical experts to report on the standard of care provided.
  • Prepare a Letter of Claim to serve to the Defendant hospital.
    • Where matters are complex, we will also arrange a Conference with a barrister, the experts and yourself.
  • Establish quantum of damages where the Defendant makes full admission of liability.
  • Issue a claim in court where a case is disputed.

Birth injury FAQs

What is a birth injury?

A birth injury refers to any type of injury that usually occurs when a baby is delivered, either to the mother or the baby.

Birth injuries to babies

There are a number of potential injuries that babies can experience during childbirth. These could lead to conditions such as:

  • Cerebral palsy
  • Oxygen starvation
  • Infection
  • Erbs palsy
  • Stillbirth

Birth injuries to mothers

Mothers can also be caused injury during childbirth. These include injuries such as:

  • Vaginal tears
  • Pre-eclampsia
  • Post-partum haemorrhage
  • Ruptured uterus
  • Prolapsed uterus
  • Broken bones
What causes a birth injury?

There are a wide range of potential causes of birth injuries. They can often occur where a birth is more complex than expected, and the medical team responsible for safely delivering the baby did not correctly monitor the condition of both baby and mother. General mistakes could also be made during the birth, meaning the incorrect techniques are used, or more force is exerted than required.

Can I claim for a birth injury?

Yes, you could potentially be able to make a claim for a birth injury. For a claim to be successful, it must be clearly demonstrated that avoidable mistakes occurred before, during, or after the birth, and these caused or contributed to the injury.

If you are not sure whether you will have a claim, this is something our medical negligence solicitors can help you with.

How much compensation can I receive for a birth injury?

The amount of compensation you could receive for a birth injury will vary. Every case is unique, meaning that the final sum will depend on several factors.

Factors that will affect the final award are likely to include the severity of the injury, the impact it has had on your life and the cost of any therapies, aids and equipment.

More information about our previous successful cases and how much we have been able to secure for our clients can be found in our case studies section.

Are there time limits for making birth injury claims?

There are strict time limits in place for birth injuries, under certain circumstances.

Mothers who are living with a birth injury have three years from the date of the injury, or when they became aware of the injury, to make a claim.

If a claim is being made on behalf of a child injured at birth, the three-year time limit will only begin when they turn 18.

If a claim is being made on behalf of a mother or child who does not have the mental capacity to make a claim themselves, no time limits apply.

Free consultation - find out if you have a birth injury claim

To discuss your case in detail and find out whether you have grounds to claim birth injury compensation, please get in touch with our team today.