Birth Injury Claims

When you contact us, we’ll set up a free initial consultation to discuss your case.

If you choose to go forward with us, we’ll investigate your case in detail, gathering evidence from independent medical professionals who will work out what care you should have received and what your future treatment needs will be.

We’ll then contact those responsible for your negligent treatment to determine if they accept the blame for you or your child’s birth injury. If they accept responsibility, we’ll secure interim compensation payments.

We’ll seek to settle claims out of court, keeping your claim as short as we can, but we may progress to court proceedings to get the best outcome and answers for you and your family. We have done this successfully for many families who were searching for explanations, not only for themselves, but also to ensure that others won’t have to go through what they went through.

Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen, so you feel supported.

Every claim is different, which means we can’t predict exactly how much compensation you or your child might receive. There are several factors that are considered when carefully calculating the needs of you and your child, and the amount of compensation you or your child required. These are:

• Your child’s care needs
• The severity and extent of their injury
• The costs of medical treatment, rehabilitation, care support and home adaptations that may be needed
• Time taken off work or if you’re no longer able to work
• Travel costs to medical appointments.

Our birth injury solicitors aim to secure you a settlement that provides a full care package for your child, and if needed, for their lifetime. We’ll make sure that their best interests are always put first, and we can help you manage your compensation award if you appoint IMTC as deputy.

You can start a claim on behalf of your child any time before their 18th birthday. From 18, they have three years to make a claim (until they turn 21).

If you’re claiming for injuries you’ve sustained during labour, it’s important to know you have three years from the date of the negligence to start a claim. Clients without capacity have no limitation.

If you’re claiming for a child who has sadly passed away because of a birth injury, you have three years to make a claim from the date of death.

We’ll most likely take your case on a no win no fee basis. This means you’ll only pay legal costs if you receive compensation and most of those costs will be covered by your opponent. If your claim is unsuccessful, you won’t have to pay anything. We'll make sure you're fully aware of all funding options before we start working for you.

Any injury to a child that happens immediately before, during, or after delivery is a birth injury. It’s different to a birth defect or wrongful birth claim, which is when damage is caused while the foetus is still in the womb. While bruising and swelling can happen, more severe injuries can have lifelong effects that many require additional support. We can help you get this support.

Birth injuries can be caused by mistakes made by hospital staff, including:

• Missing signs of distress in the baby such as an abnormal heartbeat, low blood sugar levels, or high bilirubin level (failure to act on signs of jaundice)
• Failing to check medical records or history
• Delays in diagnosis or treatment
• Delivering the baby too late
• Attempting delivery when the baby’s shoulder is stuck.
• Any other oversight that puts your baby at risk

To make a successful compensation claim, we’ll need to prove a direct link between medical negligence and your baby’s injury. Our solicitors have years of experience investigating claims like this and know how to get expert evidence to give your case the best chance of success.

If your child is at risk of having a serious and permanent brain injury the Maternity and Newborn Safety Investigations (MNSI), formerly the Health Services Safety Investigations Body (HSSIB), may refer you to the NHS Resolution Early Notification Scheme.

Having experienced many of these claims, we can support you through the process. We understand this can feel overwhelming, but the sooner you make contact, the earlier we can look to resolve your case. There is no need to wait until you have received a report/response from the Trust.