By Daniel Sisko. Last Updated 15th June 2022. Welcome to our guide to birth injury claims and birth injury compensation. In it, we explain about medical negligence in childbirth, and give insight into how we could provide you with a rough guide on how much birth injury claims could give you in compensation. We also explain why the figure form a birth injury compensation calculator would not provide an accurate sum for compensation. We give you an alternative to a medical negligence claim calculator for birth injury claims that could assist you in working out how much you could receive. We also introduce you to our birth injury solicitors, explaining how they could assist with your birth injury claim.
The Complexities Of Birth Injury Claims
Making birth injury negligence claims can seem complex, but we are here to help. On this page you will find a full and detailed guide to making a compensation claim for a birth injury, it covers birth injuries to both the mother and the baby, and outlines to process of making a successful compensation claim. And we also cover why you could use a birth injury compensation calculator for your birth injury negligence claim.
According to the NHS, whether you choose a home birth or hospital birth, giving birth is generally safe and doctors and midwives assist you well. Birth injuries due to medical negligence can still occur though. If you or your child were injured during the birthing process, due to clinical negligence, you could thinking of bringing a claim for birth injury compensation.
This guide contains birth injuries advice and information, that will help you to learn about the process of making a claim for an injury during birth caused by medical negligence.
Start Your Birth Injury Compensation Claim Today
If you would rather move straight on to making a traumatic birth compensation claim, including being assisted by a solicitor, then you can contact Accident Claims UK on 0800 073 8801 and we will explain how our No Win No Fee birth injury claims service can help you get the compensation you are entitled to on a No Win No Fee basis.
Select a Section:
- A Guide To Making A Birth Injury Claim
- Birth Injury And Negligence Statistics
- What Are The Most Common Birth Injuries?
- Cerebral Palsy And Childbirth Injuries
- What Duty Of Care Were You Owed?
- When Can You Make A Birth Injury Compensation Claim?
- How Severe And What Are the Long-Term Effects A Birth Injury?
- What Should I Do If My Child Suffered A Birth Injury?
- What Can I Claim Compensation For In Birth Injury Claims?
- Birth Injury Compensation Calculator For 2022
- No Win No Fee Compensation Claims For A Birth Injury
- Why Work With Accident Claims UK On Birth Injury Claims
- Contact Our Team Today About Birth injury Claims
- Useful Links Relating To Birth Injury Claims
A Guide To Making A Birth Injury ClaimChildbirth medical negligence claims do occur from time to time, sometimes with tragic results. This is because, aside from the physical aspects of the injury, the infant will often be denied a chance at living a proper life due to the effects of the injury. No matter the reason for the birth injury, if it can be proven to have been caused due to medical negligence, you will have a valid route to claiming birth injury compensation.
What you need to know about birth injury compensation claims
Within this guide, you will find all the information and advice you need to educate yourself about the way that birth injuries can occur, how medical negligence could be a contributing factor, and what you need to do to help you make a successful traumatic birth compensation claim. This guide contains information such as:
- Key statistics pertaining to the occurrence of birth injuries and medical negligence in the UK each year.
- A list of the most common types of birth injuries to both the mother and the newborn
- Information on cerebral palsy, its causes and its long-term effects.
- A discussion of the medical practitioner’s duty of care towards a patient, and how failure to fulfil this duty can lead to a birth injury.
- Advice on when you should make your birth injury compensation claim.
- A synopsis of some of the major long-term effects that a birth injury can have on both the mother and the baby.
- A step-by-step guide to making a claim for birth injury compensation for an injury to the mother or the infant.
- Information on what types of damages you can claim for in a birth injury compensation case, as well as a table detailed typical compensation amounts for a range of birth-related injuries. This could act as an alternative to a birth injury compensation calculator.
- An introduction to the No Win No Fee birth injuries claims service operated by Accident Claims UK, and why we believe that using this service is the best way to make such a claim.
Once you have finished reading this guide, if you have any further questions, or require additional information surrounding making a birth injury claim, please call Accident Claims UK on the number at the bottom of this page. We will do everything we can to assist you.
Birth Injury And Negligence Statistics
The Royal College of Obstetricians and Gynecologists’ Each Baby Counts report for 2020 revealed that there were 121 intrapartum stillbirths, 165 early neonatal deaths and 859 babies with severe brain injuries.
It’s important to note that these don’t all necessarily relate to negligence.
If you believe that you or your baby was injured due to a birth injury caused by medical negligence, you could look at filing birth injury claims.
Call Accident Claims UK on the number at the bottom of this page, so that we can help you claim the maximum amount of compensation possible for birth injury negligence. We could provide you with an alternative to a birth injury compensation calculator or medical negligence compensation calculator, by assessing your case over the phone.
For more advice on stillbirth medical negligence claims specifically, you can read our separate guide that we have available.
What Are The Most Common Birth Injuries?
Before you can begin making a compensation claim for a birth injury to you or your child, you need to understand the severity of the injury, and how the accident that caused the injury occurred. In the sections below, we will explore some common birth injuries that can occur both in the mother and in the child, and will explain how negligence could contribute to these injuries.
Medical Negligence Leading To Childbirth Injuries
Many birth negligence stories begin with a medical professional making a mistake. This can be something simple, such as prescribing the wrong medication, to very complex cases, where a badly made decision, such as delaying the birth, has resulted in a serious injury to the newborn baby. And this could result in the victim’s parents claiming birth injury compensation.
Birth Injuries Suffered By The Mother
Of the two possible outcomes of medical negligence in such a case, injury to a mother during birth is usually the less serious. Typical injuries that the mother will sustain during childbirth are:
- Cuts, bruises and abrasions – that are the result of a difficult and prolonged birth.
- Damage to the muscles of the pelvic floor – including sprains and tears. These are painful injuries; however, they do heal fully fairly rapidly.
- Perineal tears – these are minute rips and tears in the tissue of the vagina. They can be very painful but heal quickly.
- Fractured pelvis – a serious injury, which will leave the mother immobile whilst the fracture heals.
You can read our separate guide on birth injury to the mother negligence claims for more insight into these particular kind of claims. You can also read our case study guide covering medical negligence payouts for a misdiagnosed tear after childbirth.
Psychological Injuries Suffered By The Mother
When you look at the injuries a mother could suffer in childbirth, you may be considering searching the physical injuries into a birth injury compensation calculator or medical negligence compensation calculator.
However, you should remember that a mother could also claim for psychological injuries too. If you suffered psychological harm, such as Post-Traumatic Stress Disorder, or anxiety, for example, you could receive compensation for this too.
In some cases, your psychological injuries may be more severe than your physical injuries.
Birth Injuries Suffered By The Child
When a child is injured during childbirth, the consequences can be catastrophic. In the most serious cases, resulting in death or the loss of the infant having any chance of leading a normal life, injuries could be:
- Shoulder dystocia – a fairly rare injury, which happens when the baby’s head and shoulders get wedged behind the mother’s pelvic bone. This can result in fractures to the collarbone, shoulders and arms of the baby.
- Klumpke’s palsy – this occurs when the baby’s arm is hurt during childbirth, with the nerves of the arm being damaged, leaving the lower arm, wrist or fingers paralysed.
- Erb’s palsy – this occurs when the baby’s arms are hurt during childbirth, with the nerves of the arm being damaged, leading to loss of feeling, functionality or total paralysis of the entire arm.
- Brain injuries – these are generally the most serious of all childbirth injuries. They can be caused by either trauma to the head, or oxygen starvation during the birthing process. This also includes conditions such as cerebral palsy.
Cerebral Palsy And Childbirth Injuries
Cerebral palsy in a newborn baby is a reason why we make birth injury claims on behalf of our clients. According to the NHS, cerebral palsy is usually caused by something affecting the developing baby’s brain while it’s in the womb. Typical symptoms of cerebral palsy include:
- Lack of proper muscle tone.
- Stiffness of the muscles combined with spasticity.
- Lack of coordination.
- Slow development on motor control.
- Slow speech development or speech impediments.
These are the most typical symptoms of cerebral palsy, there are more. Most symptoms will have manifested by the time the child reaches infancy.
You can learn more about claiming for this type of condition in our cerebral palsy medical negligence claims guide.
Birth Injury Compensation For Brain Abnormalities
Furthermore, cerebral palsy often results in permanent brain abnormalities such as:
- Difficulty seeing or hearing properly.
- Lowered intelligence.
- Fits or seizures.
The combination of these permanent effects of cerebral palsy means that the child will have a vastly reduced quality of life, potentially requiring constant care. This means that any compensation claim will need to take this into account.
If your baby is suffering from cerebral palsy that was caused by medical negligence during the birth, contact Accident Claims UK today. We will be able to give you a good indication of how much compensation you might claim for birth injury negligence, based on the average birth injury settlement for cerebral palsy.
For more advice on birth brain injury claims, you can read our separate case study guide for more information.
What Duty Of Care Were You Owed?
When childbirth negligence solicitors first approach either a birth injury to the child or birth injury to mother compensation case, the first thing that they need to do is discern whether medical negligence caused the injury. This is done by evaluating how the medical team handled their duty of care to the patient.
Every medical professional has a duty of care to make sure they do nothing to harm the patient at any time. Failure to uphold this duty of care through error, accident, oversight, or omission, could signify medical negligence. In cases where negligence has caused harm, you may be able to make a birth injury claim.
When Can You Make A Birth Injury Compensation Claim?
Before you approach childbirth negligence claims solicitors, you need to understand when you will have a valid route to making a medical negligence claim. There are a number of legal entities that have the right to make a claim for medical negligence in childbirth, and these are:
- The mother – can make a compensation claim for an injury to either herself or her baby.
- The father – can make a claim for the death of the mother, and also for any injury sustained by the baby.
- Dependants of the mother – if the mother is a single parent, and medical negligence during childbirth resulted in her death, then the dependants of the mother can make a claim.
- Immediate family members – if the loss of the mother has caused damage to family unity, yet there is not father or dependants to make a claim, the immediate family can.
- The estate of the mother – if the mother dies during childbirth, leaving, for example, a small business without its owner, then it could claim for any financial loss incurred.
These are the basic ways that several unique legal entities can claim for medical negligence leading to childbirth injuries. Accident Claims UK can advise you more fully about your own right to make a claim, by calling us on the number at the bottom of this page.
How Severe And What Are the Long-Term Effects A Birth Injury?
Before a birth injury, a medical negligence solicitor can calculate how much traumatic birth compensation they will aim to claim for you. But for birth injury claims to succeed, they will need to evaluate the severity of the injury. This means not only the initial pain and suffering but also the long-term negative effects that the injury will have on the mother and baby.
Long-Term Effects for the Mother
- Long-term or permanent disability – primarily related to serious fractures of the pelvis.
- Long-term pain – primarily related to the long healing time for injuries such as torn pelvic floor muscles.
- Psychological damage – such as depression, anxiety, and even Post-Traumatic Stress Disorder in serious cases.
Long-Term Effects for the Baby That Could Lead To Birth Injury Negligence Claims
Typical long-term effects of birth injuries to the baby include:
- Permanent scarring – caused by cuts and lacerations sustained during birth. Additionally, some birthmarks are caused by birth trauma.
- Long-term disability – due to complex or compound fractures not healing correctly at a young age, or through conditions such as cerebral palsy.
- Permanent mental disability – caused by brain damage sustained during the birthing process either through trauma or oxygen starvation.
Accident Claims UK can evaluate the long-term effects of a birth injury to the mother or baby and estimate how this will affect any compensation settlement. Contact us at the number at the bottom of this page to find out more about claiming for birth injury negligence.
What Should I Do If My Child Suffered A Birth Injury?
Before you contact a legal team to make birth negligence claims, there are a number of things you can do to prepare. These include:
- Gather evidence to support your claim – such as getting an independent medical assessment of the mother’s or baby’s injuries and the prognosis for recovery.
- Make sure that you have documented the timeline of the events leading up to the birth injury and how medical negligence played a part in causing it.
- Make a list of all financial losses encountered due to the birth injury, such as medical fees, travel costs etc.
What Can I Claim Compensation For In Birth Injury Claims?
If you were to use an online birth injury compensation calculator to get a rough estimate of the amount of compensation you can claim, it would take into account two main types of damages, and these are:
- General damages – this covers your injuries and the effect they have on your life. The pain, the suffering, the loss of mobility while healing, and any long-term or permanent health issues directly related to the injury are all included in general damages.
- Special damages – this covers all of the non-physical aspects of the injury such as loss of earnings (current and future), medical expenses, travels costs, etc.
Birth Injury Compensation Calculator For 2022
If you or your baby has been injured due to a traumatic birth, then compensation may be owed to you. Medical negligence at birth can cause long or short-term health issues for you or your child. Due to this, birth injury claims can be made due to psychological harm as well as physical ailments.
The figure that is calculated and awarded to you to compensate you for these injuries is called a general damages payment. Legal professionals will work out how much this portion of your birth injury compensation should be worth in line with how much pain and suffering your injuries have resulted in.
To calculate this figure, they need to address the medical evidence submitted during the process of the claim. Additionally, there is a publication called the Judicial College Guidelines (JCG) that they can make use of. You can find some illustrative amounts from the latest edition (2022) of the JCG in the table below. These figures have been calculated from past payouts – however, your injuries will need to be assessed individually for an accurate valuation to be made.
|Very severe brain damage||Severe brain damage to baby (including quadriplegic cerebral palsy).||£282,010 to £403,990|
|Moderately severe brain damage||Cases where the baby is severely disabled.||£205,580 to £264,650|
|Pelvis (severe)||Fractures of the pelvis affecting mobility. (Higher end results in disabilities.)||£39,170 to £130,930|
|Psychiatric damage||Psychological damage to mother after a negligent stillbirth/traumatic birth||£19,070 to £54,830|
|Pain disorder||Not including CRPS - Moderate||£21,070 to £38,490|
|Pelvis (moderate)||Fractures of the mother's pelvis, a serious injury that will leave the pelvis immobilised for some time until the injury heals fully.||£12,590 to £39,170|
|Pelvis (Lesser)||Significant injuries that don't lead to disability in the mother.||Up to £12,590|
|Bowels||Faecal urgency and passive incontinence following injury giving birth.||In the region of £79,920|
|Mental trauma||Feeling like the claimant was going to lose their life||£4,670|
Additionally, you may want to use an online birth injury compensation calculator but this may omit certain parts of your claim. Getting in touch with our advisors today is the best way to find out how much you could receive in compensation.
No Win No Fee Compensation Claims For A Birth Injury
Our expert solicitors offer their services on a No Win No Fee basis, through a Conditional Fee Agreement (CFA). Through this service, you don’t need to pay a success fee to your solicitor unless your case succeeds. In this case, the success fee will be taken from your compensation. However, the percentage this fee consists of is capped by law.
Why Work With Accident Claims UK On Birth Injury Claims?
Accident Claims UK has birth injury solicitors with up to 30 years of experience and has been successfully making compensation claims for injuries as the result of medical negligence on behalf of our clients. We have the knowledge and experience needed to take on major organisations such as the NHS, and successfully sue them for medical negligence in childbirth for mistakes made by medical staff.
We aim to win you the most compensation we can, without doing anything that might limit your chances of winning your case. And we do all of this with our clients’ needs as our primary driver. We will keep you updated on the status of your claim at all times and answer any questions you may have about medical care, how many years from the date of birth you have to claim, whether compensation could cover the costs of interim payments for medical care or how birth injury solicitors work. We could also provide a good alternative to a birth injury compensation calculator by assessing your case for free over the phone.
Contact Our Team Today About Birth Injury Claims
If you believe you have a valid reason to make a birth negligence claim, you may be looking for law firms to help you. You may have questions about using birth injury lawyers, the time limits for claiming or how to claim if someone has not got the mental capacity to claim for themselves. If you have, then call us on 0800 073 8801 today. Once we have asked you some questions, we will give you some free legal advice on what we believe you should do next.
Useful Links Relating To Birth Injury Claims
At the link below, you will find information and data on stillbirths in the UK, published by the Office for National Statistics:
Through the link below, you will find information published by the NHS in the UK related to different techniques for assisted birth:
At the link below, you will find information published by the NHS in the UK related to Bell’s palsy, its caused, symptoms and treatment:
Read the below guide if you’ve truly suffered because of medical negligence.
External Guides Relating To A Medical Negligence Compensation Calculator
We have a guide to head injuries, which you could read if a loved one suffered brain damage.
A loved one’s fatality caused by someone else’s negligence can be devastating. Read our article if you’re ready to see what steps you could take next.
Birth Injury Compensation Calculator And Birth Injury Claims FAQs
What is the most common birth injury?
A head injury in various forms is the most common injury for a baby to suffer upon birth.
What are the types of birth injuries the could lead to birth injury negligence claims?
These include facial paralysis, cephalohematoma, fractures, brachial palsy, caput succedaneum, bruising and subconjunctival haemorrhage.
Can you sue a hospital for traumatic birth?
Yes, you can do this if the birth has caused greater damage due to the hospital and its staff.
How long does a birth injury lawsuit take?
It can take between 3-6 months to reach a resolution. However, this could depend on a number of factors. If the hospital or trust admits liability immediately and offers compensation for medical negligence in childbirth right away, your claim could be settled relatively quickly. However, if the trust denies liability, you might have to wait longer for compensation. While many claims settle without reaching court, in some cases, this might not be the case. If you need to take your case to court, our solicitors could support you throughout this process.
How many bones do you break giving birth?
The mother’s bones are able to expand when giving birth, making it hard for her to suffer broken bones in the process.
Can you sue a doctor for lying?
You can do this if there is clear evidence proving the doctor acting with malpractice.
What are the five injury classifications?
These are soft tissue injuries, psychological injuries, broken bones, spine injuries and brain injuries.
Could a birth injury compensation calculator take into account all the details of my claim?
There are various medical negligence compensation calculators you could use. For instance, a specific birth injury compensation calculator or a general calculator.
However, it could only give you a rough estimate for compensation as different factors are considered when valuing claims.
For that reason, a calculator wouldn’t take into account all the specific facts of your case. It would be wise to contact a legal professional to have your case assessed, rather than relying on a medical negligence claim calculator.
How long does it take your body to recover from pregnancy?
It could take months for the mother to make a full recovery from pregnancy and childbirth.
Could I Make Birth Injury Negligence Claims For Birth Trauma
As well as being able to make birth injury negligence claims for physical injuries, you could also claim compensation for psychological injuries resulting from negligent treatment during the birth of a baby. You would need to be able to evidence such an injury if you intend to claim for it. As part of your birth injury negligence claims, you’d need to attend an appointment for an independent assessment by a medical professional.
They could ask you some questions about how you’ve been coping and what the source of the trauma was. It could be useful for you to take someone with you for support if you find answering such questions difficult. The medical professional would write a report detailing your mental injuries and give their professional opinion on what your prognosis could be. Using this, solicitors and courts could arrive at a value for your claim.
Would It Help To Keep A Diary When Making Birth Injury Negligence Claims?
An injury diary, whether for physical or mental injuries could be useful when claiming compensation for negligence. In it, you could detail how you have been feeling, what you have and have not been able to do, and you could also document the dates of any appointments you’ve had. This could all provide a useful reference when you look back at your injury and demonstrate how it has affected you in the long term. If you’d like to speak to us about what to include in an injury diary, we’d be happy to talk to you.
How common is clinical negligence relating to birth injuries?
If you’re wondering how common birth injury claims are, we do not have specific statistics on this. However, we can tell you that the NHS has paid out significant amounts of compensation for a variety of clinical negligence claims. Below, we provide you with some useful statistics relating to how much clinical negligence cost the NHS in the financial year 2020/21. You may be surprised at how high the figure actually is.
Could I claim for ongoing medical care within a birth injury negligence claim?
If you are in the awful position of having been told that your child was so injured that they would need care for the rest of their life, you might worry about how you could afford the most appropriate care for their needs. By making a claim for compensation, you could get damages to help pay for ongoing medical care. Such claims could be considered complex, however, so it could be wise to carefully vet any personal injury or medical negligence solicitor you’re considering using in order to make sure they have the knowledge and experience you need.
They may, in some cases, need to fight hard for the maximum compensation possible for your child’s injury. If you would like to speak to our team about whether you could claim for ongoing medical care costs, please don’t hesitate to get in touch. We would be happy to assess your case to ascertain what you could claim for.
Could a partner claim fatal birth injury compensation for the loss of the mother?
A partner could claim fatal birth injury compensation for the loss of the mother due to negligence. As part of the claim, you could seek damages for loss of dependency for the child that survives a birth in which the mother loses her life.
Sadly, death in childbirth could happen to a woman, and if it is due to medical negligence, claims could be made by certain family members or their representatives. We understand that making fatal birth injury claims could be somewhat traumatic. Therefore, we aim to make the process as smooth and trouble-free as possible.
Why is talking to birth injury solicitors better than using a medical negligence compensation calculator?
Talking to birth injury solicitors could be better than using a medical negligence compensation calculator for a few reasons. Firstly, a medical negligence claim calculator could not tell you what you could be entitled to claim for in accordance with the specifics of your case.
A solicitor could carefully assess the facts and circumstances of your case, which a medical negligence claim calculator couldn’t do. In addition, they could provide specific guidance on what types and levels of compensation you could be eligible for.
Do I need to use local birth injury solicitors to claim birth injury compensation?
You don’t need to use local birth injury solicitors to claim. Instead, you could opt for a solicitor based elsewhere in the UK for your claim. We would be happy to provide you with a solicitor to assist with your claim, even though we may not be based near where you live.
After all, many claims could be handled via e-mail, letter and telephone these days.
How up-to-date is your alternative to a medical negligence claim calculator for birth injury claims?
As we have mentioned, we’ve included a good alternative to a medical negligence claim calculator for birth injury claims. The compensation table you can see in this guide contains 2022 guideline figures. We have used the April 2022 release of the Judicial College Guidelines to populate the table.
As previously mentioned, these figures are only to be used as a rough guide. They only relate to general damages too. This is the head of your claim that seeks to compensate for the pain and suffering caused by your injuries.
When you claim birth injury compensation, you could also include special damages within your claim. This means when you make a successful birth injury claim, you could receive damages for the financial impact of your injuries, such as loss of earnings. However, you must provide evidence such as payslips.
Could a medical negligence calculator give me an idea of whether I should accept a compensation offer?
If you receive an offer of birth injury compensation, you may not be sure whether to accept it, or whether to take your birth injury claim further. While a medical negligence calculator could give you a rough insight into compensation, we would not advise people to rely on them for accurate figures. It might be wise for you to get legal advice to make sure you’re getting the birth injury compensation you deserve. If this is something you would like us to help you with, we’d be happy to talk to you. We could assist you with your birth injury claim, ensuring that you get the settlement you deserve.
Thank you for reading our guide to birth injury compensation and birth injury claims. We hope you have learned about how to use a birth injury compensation calculator for your birth injury negligence claims.