Birth Injury Claim Solicitors

• Failure to advise patients properly of risks
• Communication issues including failing to listen to and heed patient concerns
• Failure to monitor baby adequately
• Failure to act respond adequately to reduced foetal movements or foetal distress
• Failure to diagnose or delays in diagnosis of medical conditions including gestational diabetes, infection, and pre-eclampsia
• Misinterpretation of CTG traces
• Mismanagement of medication including syntocinon

• Were there any difficulties encountered in previous pregnancies or deliveries, such as pre-eclampsia or shoulder dystocia?
• What was the mode of delivery, for example, vaginal, Caesarean section, or assisted (forceps/Ventouse)?
• Were there any issues or concerns identified during the pregnancy?
• Were any concerns raised at the time of the 20-22 week anomaly ultrasound scan?
• Was a birth plan in place?
• Was a glucose tolerance test carried out?
• Was there appropriate monitoring of foetal growth?
• Were there any signs or symptoms, such as early rupture of membranes, bleeding, contractions, or placental abruption?
• Were regular maternal observations and foetal monitoring carried out appropriately?
• Was there any delay in the progress of labour?
• Were any issues encountered during delivery?
• Was there a failure to follow national or local specialist guidelines or treatment protocols?

• Baby’s condition at birth and whether resuscitation was required, and, if known, APGAR scores and umbilical cord blood gases
• Treatment in NICU, including whether baby underwent therapeutic cooling
• Whether there have been any scans and if so, what they were reported to show
• Whether the injured baby went on to have any seizures
• Whether any brain injury has been confirmed and if so when and by whom
• Whether baby/child is meeting developmental milestones
• Whether there is any hearing loss or visual impairment
• Details of injury sustained by the mother, whether that be physical and/or psychiatric/psychological

Cerebral Palsy is the name for a group of lifelong conditions that affect movement and co-ordinaton. It’s caused by a problem with the brain that develops before, during or soon after birth. Some people are more severely affected than others. Symptoms can include:

• Delays in reaching developmental milestones
• Muscles that seem to stiff or too floppy
• Weakness in legs and arms
• Fidgety, jerky or clumsy movements
• Random and uncontrolled movements
• Walking on tiptoes

For more information go to:

Erb’s Palsy can arise after a difficult birth involving ‘shoulder dystocia’ which is when the baby’s shoulder gets stuck behind the pubic bone.

Erb’s Palsy is caused by an injury to one or more of the brachial plexus nerves which supply movement and feeling to either arm. The nerves can be damaged if baby’s head or arm has been pulled during delivery.

Injury of the brachial plexus nerves can result in partial or complete paralysis of the affected arm both in terms of movement and feeling. The severity of the injury and the extent of any recovery will depend upon the number of nerves that have been injured/affected. 

If the nerves are only bruised or swollen, then the paralysis may get better but in some cases, the damage can be severe and result in significant permanent disability.

To find out more, see this document:

Stillbirth is the term used when a baby has died in utero (before birth) after more than 24 weeks of pregnancy have passed. If a baby dies before birth, at less than 24 weeks of pregnancy then this is termed a miscarriage.

Neonatal death arises when a baby who was born alive, dies within the first 28 days of life.

Hypoxic brain damage occurs when a brain does not receive enough oxygen. This can arise in a number of different ways for a number of different reasons. It can occur as a result of:

• Total deprivation of oxygen to the brain for a specific period of time (acute hypoxia); or
• Partially reduced oxygen supply to the brain over a longer period of time (chronic hypoxia); or
• A combination of acute and chronic hypoxia.

Hypoxic brain injuries can arise for many different reasons, including: issues with the umbilical cord, problems with the placenta during pregnancy, placental abruption, pre-eclampsia, infection, complications during delivery, prematurity and congenital issues. The key issue in birth injury related claims involving hypoxic brain injury is whether or not the hypoxic brain injury was avoidable.

Babies can suffer fractures during delivery. This is more likely to occur when there has been a difficult vaginal birth, such as when birth has been complicated by shoulder dystocia, or it has been an assisted birth with the use of forceps or Ventouse. It can also occur during a Caesarean section birth although this is less common.

The most commonly fractured bones during delivery are the clavicle (collarbone), femur (upper leg), and humerus (upper arm).

Fractures are sometimes unavoidable and non-negligent, however, they can also arise as a result of unnecessary excessive force or due to avoidable complications arising as the result of mismanagement of labour and delivery.

It is very common for mothers to suffer injuries during child birth, even with the best treatment. The Royal College of Obstetricians & Gynaecologists report that up to 90% of first time mothers who have a vaginal birth suffer some sort of tear, graze or episiotomy. For the majority of these women the tears are minor and heal quickly, but for some women the tears are more serious and can have long term consequences.

According to the MASIC Foundation 60% of women who sustain a 3^rd or 4^th degree tear are left with long term pelvic floor complications  including, bowel incontinence, urinary incontinence, pelvic floor dysfunction, pelvic organ prolapse, nerve damage, pelvic pain and sexual dysfunction. In addition to physical injuries and functional difficulties, women can suffer serious psychological harm.

Whilst some maternal injuries are an unavoidable part of giving birth, mismanagement of labour and delivery can result in avoidable injury or more severe injury and a worse prognosis.

Most birth injury claims settle before trial, but if court proceedings are necessary, we will represent you throughout.

Yes. Claims can be brought against the NHS hospitals in England through NHS Resolution’s Clinical Negligence Scheme for Trusts  or in Wales through NHS Wales scheme for Local Health Boards.

It is also possible to bring claims against GPs and private doctors/hospitals.

No. Your child’s access to NHS treatment or local authority support will not be affected by bringing a legal claim.

Medical records, hospital notes, witness statements, and financial records showing any losses are typically required.

We will ask you to provide any documentation or records you hold, and are able to approach third party organisations direct, with your authority, to obtain copies of any other records and documentation that may be required.

Inquests are not held in respect of stillbirths, but may be held in relation to a neonatal death, where baby has been born alive but died later. Investigations may also be undertaken by the Healthcare Safety Investigation Branch (HSIB), which is responsible for running the Maternity and Neonatal Safety Investigations programme. 

The government consulted in 2023 on whether the coronial investigation of stillbirths ought to be introduced, but the conclusion was that investigation by HSIB would achieve the same ‘policy objectives’ as an inquest. 

Clinical professionals are required to conduct regular checks and reviews of the baby’s and mother’s condition during antenatal care, labour, and delivery.

Antenatal checks should particularly focus on foetal movements and growth, the liquor (waters) around the baby, and the mother’s health, particularly watching out for signs of infection, loss of amniotic fluid, protein or glucose in her urine, and blood pressure problems.

Any abnormalities or concerns should be acted upon promptly.