If your baby suffered injuries during birth due to medical negligence, you may be entitled to significant compensation. Birth injury claims are among the most valuable clinical negligence cases in the UK, with settlements regularly reaching millions of pounds for severe injuries like cerebral palsy.
Quick Answer
Yes, you can claim compensation for birth injuries caused by medical negligence in the UK. Claims can be made against the NHS or private healthcare providers. A claim can be brought on behalf of a child at any time before their 18th birthday, and they have until age 21 to claim themselves.
The Scale of Birth Injury Claims in the UK
Birth injury claims represent a significant portion of NHS clinical negligence payouts. According to NHS Resolution, maternity claims accounted for 41% of all clinical negligence claims by value in 2022-23, with the total cost reaching £1.1 billion.
Last year alone, NHS Resolution resolved 10,800 medical negligence claims, paying £2.8 billion in settlements, of which £1.15 billion were maternity-related.
Key UK Birth Injury Cases
Stockport NHS Trust – £30 Million Settlement (2024)
In one of the largest birth injury settlements, Stockport NHS Foundation Trust settled for nearly £30 million after a baby girl suffered catastrophic injuries shortly after birth. The child appeared healthy at birth but soon became distressed. The court found she had developed cerebral palsy due to poor postnatal care and delays in performing emergency surgery.
Chelsea and Westminster NHS Trust – £27 Million (2024)
Penningtons Law settled a claim for over £27 million on behalf of a 10-year-old child who suffers from cerebral palsy as a result of negligent care at Chelsea and Westminster NHS Foundation Trust. The child was diagnosed with asymmetrical quadriplegic cerebral palsy, has global developmental delay and limited verbal communication, and suffers from seizures requiring around-the-clock care.
Nottingham University Hospitals – £23.7 Million (2024)
Hudgell Solicitors secured £23.7 million for a 20-year-old born with cerebral palsy due to negligent treatment. The High Court approved the settlement after ruling that Nottingham University Hospitals NHS Trust was at fault.
Common Types of Birth Injuries
Claims can be made for various birth injuries, including:
- Cerebral palsy: Often caused by oxygen deprivation (hypoxia) during delivery
- Hypoxic-ischaemic encephalopathy (HIE): Brain damage from lack of oxygen
- Erb’s palsy: Nerve damage affecting the arm, often from shoulder dystocia
- Brachial plexus injuries: Damage to the nerve network controlling the arm
- Fractures: Broken bones during difficult deliveries
- Maternal injuries: Third or fourth-degree tears, organ damage
What Constitutes Medical Negligence?
To succeed in a birth injury claim, you must prove:
- Duty of care: The medical team owed you and your baby a duty of care
- Breach of duty: They failed to meet the expected standard of care
- Causation: This failure directly caused the injury
- Damage: You or your child suffered harm as a result
Examples of negligence include:
- Failure to monitor fetal heart rate properly
- Delayed decision to perform emergency caesarean section
- Improper use of forceps or vacuum extraction
- Failure to diagnose or respond to shoulder dystocia
- Inadequate resuscitation after birth
- Failure to diagnose pre-eclampsia or gestational diabetes
Compensation Available
Birth injury compensation can include:
- General damages: For pain, suffering, and loss of amenity
- Care costs: Lifetime professional care needs (often the largest component)
- Accommodation: Adapted housing or modifications
- Equipment: Wheelchairs, specialist equipment, adapted vehicles
- Lost earnings: Both for parents who leave work to care, and the child’s future earnings
- Medical expenses: Private treatment, therapy, medications
- Education: Special educational needs provision
Severe cerebral palsy claims regularly exceed £10 million, with the most serious cases reaching £25-30 million to cover lifetime care costs.
Time Limits
For birth injury claims:
- Claims on behalf of children: Can be made at any time before the child’s 18th birthday
- Claims by the child: Must be made within 3 years of turning 18 (by age 21)
- Adults lacking capacity: No time limit applies while they lack capacity
- Maternal claims: 3 years from the date of delivery or date of knowledge
The Birth Trauma Inquiry (2024)
The Birth Trauma Inquiry, launched by the All-Party Parliamentary Group and published in 2024, found inconsistent care for pregnant women across the UK, both during and after labour. Over 1,300 women participated and shared their traumatic birth experiences, highlighting systemic issues in maternity care.
Frequently Asked Questions
Can I claim against the NHS?
Yes. The NHS is the defendant in most birth injury claims. NHS Resolution handles claims on behalf of NHS trusts.
How long does a birth injury claim take?
Complex cerebral palsy claims can take 3-5 years or longer to resolve, though interim payments can be obtained to fund immediate care needs.
Will my child receive the money directly?
For children, compensation is managed by the Court of Protection until they turn 18. For those lacking mental capacity, it may be managed for life.
