Birth injury claims: your accountability guide

Finding out your child was injured during birth can turn a happy time into a very stressful experience. You may also face ongoing care needs and unexpected costs. If avoidable harm was caused by substandard medical care, you may be entitled to compensation. This guide explains your rights and the steps involved, including funding options and why specialist legal advice can matter. Birth injury law and claim deadlines are not always the same across England and Wales, Scotland and Northern Ireland. The jurisdiction can therefore make a real difference when assessing your case. A specialist birth injury solicitor can help you understand your legal position and what to do next.

Key takeaway: When can you make a birth injury claim?

You may be able to claim if you or your child were harmed by substandard care during pregnancy or birth. This may include conditions such as cerebral palsy or maternal injuries such as tearing or incontinence. You will usually need to show that the care fell below acceptable medical standards. It can also help to understand how medical negligence is assessed when deciding whether you may have a valid legal case.

If you believe your family has been affected by medical errors, understanding the legal framework is the first step towards understanding your options.

What counts as medical negligence in UK birth injury claims

Medical or clinical negligence may occur when a healthcare professional provides substandard care, causing avoidable harm. In childbirth, it means the care may have fallen below expected professional standards.

To make a birth injury claim, you usually need to show:

• A duty of care existed.
• That duty was breached.
• The breach caused the injury.

Examples of possible negligence include failing to monitor the baby’s heart rate, delays in performing an emergency Caesarean section, or the incorrect use of forceps.

Common birth injuries to the baby: Cerebral palsy and brain damage

Some serious cases involve birth-related brain injuries, often linked to a lack of oxygen or delivery trauma, which can lead to lifelong care needs.

Cerebral palsy can be associated with serious birth-related brain injury affecting movement and coordination. Compensation may cover long-term care and support.

Common injuries include:

• Cerebral palsy linked to delayed labour intervention.
• Erb’s palsy linked to excessive pulling.
• Brain damage linked to untreated jaundice or infection.
• Injuries caused by delivery instruments.

Scenario:

In a fictional case, a baby showed signs of foetal distress that were ignored for several hours. The delayed delivery led to brain damage, and a claim may focus on missed monitoring and late intervention.

Birth injuries to mother: Negligence claims and statutory rights

It is not only the baby who can be affected. Mothers can also suffer serious injuries during childbirth, sometimes with long-term consequences.

Common issues include:

• Severe tears that were not properly diagnosed or repaired.
• Pelvic floor damage.
• Incontinence following birth trauma.

If you are experiencing symptoms such as incontinence after childbirth, you may be entitled to compensation and financial support, depending on your situation.

Possible support includes:

• Statutory Maternity Pay (SMP): £194.32 per week from April 2026 after the first 6 weeks, for up to 39 weeks in total.
• Statutory Sick Pay (SSP): £123.25 per week, or 80% of average weekly earnings if lower, if you are unfit for work after your maternity leave ends.
• Universal Credit, if your income drops or you cannot work.

These statutory payment rates generally apply across Great Britain. Northern Ireland has its own employment law framework, although the rates are often aligned. In practice, whether you qualify will depend on your employment status, your earnings, when you became unable to work and your personal circumstances.

Incontinence refers to the loss of bladder or bowel control, which can result from physical trauma during childbirth.

A practical example :

Failing to diagnose an anal sphincter injury after birth may amount to maternal negligence. If untreated, this type of injury can lead to long-term pain and incontinence. A claim may cover further treatment, rehabilitation and psychological support.

The Congenital Disabilities (Civil Liability) Act 1976 explained: England, Wales and Northern Ireland

The Congenital Disabilities (Civil Liability) Act 1976 is an important law in birth injury claims in England, Wales and Northern Ireland. It does not apply in Scotland. There, claims are usually assessed under Scots common law and separate procedural rules.

Key points:

• A child may claim if a negligent act caused the disability before or during birth.
• This can include harm occurring before conception in certain cases, for example, toxins or harmful drugs affecting a parent.
• A child generally cannot sue their mother under the Act, except in limited situations, such as road traffic accidents while pregnant.

In simple terms, it covers cases where negligence leads to a child being born with avoidable injury or disability.

A congenital disability is a condition present from birth. In this context, it may be linked to negligence before or during birth.

Examples of potential liability:

• Healthcare provider’s negligence during birth → child may claim (healthcare provider potentially liable)
• Exposure to toxins before conception → child may claim (employer or third party potentially liable)
• Mother driving negligently while pregnant → claim may go through insurance
• Mother’s general lifestyle choices → no claim in most cases.

How to start a claim for birth injury: Process and deadlines

Starting a claim involves gathering medical records and expert witness statements. If the incident occurred in a public hospital, your solicitor may follow the NHS clinical negligence process and any relevant pre-action steps.

Main steps:

• Initial consultation with a solicitor.
• Collecting medical records.
• Independent medical expert review.
• Sending a formal letter of claim.
• Negotiation or court proceedings (most cases settle out of court.)

Time limits:

• Children in England and Wales: in most cases, they have until their 21st birthday to bring a claim, as the 3-year limitation period usually starts when they turn 18.
• Children in Scotland: the deadline can be earlier. The time limit usually starts on the child’s 16th birthday, meaning the claim may need to be brought before they turn 19.
• Children who lack mental capacity: the usual time limit may not apply while they lack capacity.
• Mothers: the deadline is generally 3 years from the date of injury or the date they became aware of the injury, depending on the jurisdiction and the facts of the case.

Legal aid for birth injury claims and No Win No Fee options

Many families worry about the cost of making a birth injury claim, but funding options are available.

Common options:

• Legal aid, only in limited cases, usually where clinical negligence caused a severe neurological injury to a child.
• No Win, No Fee (Conditional Fee Agreement).

No Win, No Fee means:

• No upfront costs.
• No solicitor fees if the case is lost.
• A pre-agreed success fee may be taken from compensation if the case is won.

Do I need a specialist solicitor for birth injury claims?

FAQs

Can I claim for an injury that happened years ago?

In England, Wales and Northern Ireland, children usually have until their 21st birthday to bring a claim. In Scotland, the deadline can be earlier, as the time limit usually starts on the child’s 16th birthday. This means a claim may need to be brought before the child turns 19. If the child lacks mental capacity, different rules may apply.

What is the average compensation for a birth injury?

There is no fixed average, as every case is different. Minor injuries may lead to smaller awards, while severe cases involving lifelong care may exceed £10 million.

Can I claim if the negligence happened in an NHS hospital?

Yes. You may be able to bring a claim against the NHS. These cases are handled by NHS Resolution and are often settled through negotiation rather than going to court.

Birth injury claims in the UK help families seek support after medical negligence, including baby or maternal injuries. The law can protect the child’s right to claim, even if the injury happened before birth. A specialist solicitor can handle the process so families can focus on care and recovery.

This guide provides general information only and does not constitute legal advice. You should consult a regulated solicitor for advice regarding your specific circumstances.

KEY TAKEAWAYS:

• A birth injury claim may be made if medical negligence caused avoidable harm. The 1976 Act also allows children to claim for injuries linked to negligence before or during birth.
• Compensation can cover conditions such as cerebral palsy, infant brain damage, and maternal injuries such as severe tearing or incontinence, as well as related financial losses.
• Legal aid may be available in limited severe cases; otherwise, claims are often funded through No Win No Fee agreements. Specialist solicitors help assess long-term care costs accurately.