A Guide to Traumatic Birth Compensation

Eligibility usually comes down to whether the care you or your baby received fell below an acceptable standard, and whether that failure caused avoidable harm.

We assess this by looking at three core points:

• Harm: You, your baby, or both suffered an injury or a worsening of symptoms.
• Breach of duty: The maternity care provided was not reasonably competent in the circumstances.
• Causation: That failure made a difference to the outcome, meaning the injury was caused or materially contributed to by the substandard care.

If these elements are present, we can advise on the strength of the claim and the next steps

Before any work begins, we explain the likely costs and the funding options available, so you can make an informed decision with no surprises.

Many birth injury claims are funded through a no win, no fee agreement, also known as a Conditional Fee Agreement (CFA). This sets out how fees are handled if the claim succeeds, and what happens if it does not. We will talk you through the agreement in plain English, including any potential deductions from compensation, and confirm everything in writing.

If a CFA is not right for you, we can discuss other ways to fund the claim and recommend the most suitable approach for your circumstances.

The most important evidence in a birth injury claim is usually the medical record. We will obtain and review the relevant maternity and neonatal notes, including antenatal records, labour and delivery records (such as CTG traces where available), postnatal care notes, and any investigation or incident reports.

Alongside the medical records, we gather supporting evidence to show how the injury has affected daily life. This may include

• independent medical expert reports on whether the care fell below an acceptable standard, and whether it caused the injury
• GP and hospital records, scan results and test results
• a clear timeline of events and key decisions
• evidence of financial impact, such as treatment costs, care and support needs, travel expenses, and loss of earnings

You don’t need to handle everything yourself.  We will guide you through what to keep, and we’ll handle the formal requests for medical records and expert evidence. We’re here to ensure the claim is properly supported and valued every step of the way.

The value of a birth injury claim depends on the type of injury, its severity, the long-term outlook, and the support you or your child will need in the future. We will explain how compensation is assessed and what may be included, based on the evidence and independent medical opinion.

Compensation is usually made up of two parts:

• General damages: an award for the injury itself and its impact on day-to-day life
• Special damages: past and future financial losses and expenses linked to the injury, such as treatment, therapy, care and support, specialist equipment, accommodation needs, travel costs, and loss of earnings

Compensation awards can vary depending on the severity of the injury, from more modest sums in less serious cases, to six and seven-figure birth injury compensation settlements in the most serious situations.

Most birth injury claims are resolved without a final court hearing. We usually start by setting out the case formally and exploring settlement through negotiation, once the evidence has been gathered and independent experts have provided their opinions.

Sometimes court proceedings are needed, for example if liability is denied, key issues are disputed, or the defendant does not make a fair offer. If that happens, we will manage the process for you, prepare the documents and evidence, and represent you throughout. We will explain what to expect, keep you updated at agreed stages, and work towards the best possible outcome based on the evidence.

Making a claim can feel difficult, especially when the care was provided by a hospital, midwifery team, or clinician you trusted. For many families, the main reasons are to secure the financial support needed for treatment, therapy, care, and adaptations, and to get answers about what happened.

Many families tell us that making a claim helps them find clarity and closure. It also ensures their child’s needs are met, while helping improve maternity care for others in the future.

Claims can highlight problems in maternity care and prompt organisations to review policies, training, and safety procedures. While each case is different, raising concerns through the proper legal process can contribute to wider learning and improvements.

Time limits can be complicated in medical negligence cases, but there are general rules. For an adult, a claim usually needs to be started within three years of the injury, or within three years of the date of knowledge (when you first became aware that the injury may be linked to negligent care).

Where the claim relates to a child injured at birth, the three-year time limit usually does not start until their 18th birthday, meaning court proceedings would normally need to be issued by their 21st birthday. Different rules may apply if the injured person lacks mental capacity.

Because the facts matter, it is sensible to take advice as early as you can, so evidence can be secured and deadlines are not missed.

Timescales vary, but birth injury claims often take longer than other clinical negligence cases because the medical issues can be complex and the value of the claim depends on clear evidence about long-term needs. As a general guide, many cases take 12 months or more, and more complex claims can take several years to resolve.

The timeframe is affected by factors such as whether liability is admitted, how long it takes to obtain records, the need for independent expert evidence, and whether the court timetable becomes necessary.

We keep cases moving by being proactive, taking early steps to obtain the relevant maternity and neonatal records promptly, preparing an accurate chronology, instructing appropriate independent experts at the right time, and handling communication with the defendant so issues are addressed without unnecessary delay.

It is common to feel uneasy about bringing a claim against the NHS. In practice, negligence claims are handled through established NHS processes and are treated as part of how the system responds when care falls below an acceptable standard.

If the care was provided in an NHS hospital, a claim is usually brought against the NHS Trust responsible for that hospital. Claims can also be made against GP practices or private healthcare providers where their care is found to be negligent.