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Birth injury and trauma claims

Our team of medical negligence lawyers represent clients looking to make birth injury compensation claims for birth trauma or birth mismanagement. Our solicitors advise parents on negligence suffered during pregnancy, labour and birth.

Our cases include Daniel Kunigiskis who died aged just four days after errors made at Warwick Hospital during the baby’s delivery. The family received a five-figure settlement and an apology from the NHS trust.

"very compassionate" and also note her “clear-headed attitude to cases.”

Chambers UK

Birth injury claims have risen by 80%

Your health and your baby are precious; being pregnant, especially for the first time can be an exciting but somewhat nerve-racking time for you. You have to put your trust in the healthcare professionals trained to care for you and your unborn child, mainly the midwives and doctors who guide you through your pregnancy and the birth of your child.

If your midwife doesn’t treat you correctly or a specialist doesn’t diagnose a condition which results in trauma, an illness, injury to you or your baby then you may be able to entitled to make a birth injury claim.

No win no fee 

Many of our birth injury compensation claims are funded by a Conditional Fee Agreement (CFA), this is more commonly referred to as a no win, no fee agreement. Although funding negligence claims changed last year, legal aid funding is still available for babies injured during birth.

Please read our “Guide to making a Medical Negligence Claim” for details on how to fund your claim. 

Ante-natal errors

We now have highly advanced scans and imaging techniques, however, sometimes healthcare professionals can miss quite serious problems, and in very rare cases medical professionals misdiagnose problems with a healthy baby. If an error is made at any stage of pregnancy, it can have a huge impact on the life of the unborn baby.

"Rachael kept me informed at every stage of the claim and was always professional in her advice and technical expertise."

David Whyman

Errors during the birth

Statistically, having a baby in the UK is safe, most births are straightforward, and a healthy baby is delivered. However, in rare cases a baby may be damaged by medical instruments, anaesthetics or decisions made by the medical team. For the mother, severe gynaecological damage can occur if the medical team do not treat her quickly and effectively. For the baby there can be serious potential problems, these include cerebral palsy, brain injury, facial paralysis, brachial palsy, spinal injuries, and fractured bones.

Cerebral palsy

Cerebral palsy is one of the problems that can occur during the birth of your baby. Errors made by medical professionals in the delivery of your baby or management of your pregnancy can sometimes be the cause of brain injuries to your baby such as cerebral palsy.

It is estimated that 1 in 400 people are affected by cerebral palsy.

Cerebral palsy is a term used to explain a number of neurological conditions caused by the brain and nervous system that affect co-ordination and movement. The condition occurs when the brain is damaged or develops abnormally.

There can be many causes including:

  • Bleeding in the baby’s brain
  • An infection caught by the mother in pregnancy
  • A premature or difficult birth

Sadly there is no cure for cerebral palsy, but there are treatments that can help you manage the impact of the symptoms. Our medical negligence team have experience of securing compensation for families providing financial compensation and care for your child’s lifetime needs.

Group B Strep

The statistics regarding Group B Strep are quite alarming, it affects nearly one in two thousand births in the UK, sadly resulting in death in approximately 10% of cases.

Group B Streptococcus is a bacterium which is usually harmless and natural; it is carried by many. It usually lives inside the digestive system and in the vagina. Because of this, there is a small risk that the bacteria can be passed to babies during pregnancy and birth.

It is, therefore, important that mothers carrying GBS are identified so that they can be given the correct treatment, so they do not pass the infection on to their baby.

With the right treatment and intervention the consequences Group B Strep may be avoided. However, we see clients who were not given the right treatment to prevent or treat the infection.

Premature Preterm Rupture of Membranes (PPROM)

“PPROM complicates only 2% of pregnancies but is associated with 40% of preterm deliveries and can result in significant neonatal morbidity and mortality. 1–3. The three causes of neonatal death associated with PPROM are prematurity, sepsis and pulmonary hypoplasia". The Royal College of Obstetricians and Gynaecologists.

Premature Preterm Rupture of Membranes or the “breaking of a woman’s waters” before 37 weeks, can in some cases be because of the negligence of a midwife or medical professional.

Erb's Palsy

Stuck shoulders (shoulder dystocia) is an injury that can be caused during labour and steps should be taken to identify and avoid the injury during delivery. If a midwife or medical professional fails to correctly identify the issue then there may be a case of negligence.

The injury occurs if the head of the baby is delivered but the shoulders are too large and impact on the pelvis of the mother. In these instances an injury can occur to the neck resulting in damage to the brachial plexus nerves, the symptoms for the baby can mean a paralysed arm, limp or lack of muscle control.

Immediate legal advice

We can provide you with immediate legal advice on birth injury claims and pregnancy compensation anywhere in the UK. We do not have call centres or claims management teams, you'll be speaking directly with a legal expert. 

We have a particular strength in advising people in the Midlands, including Oxfordshire, Leicestershire, Birmingham, Solihull, Coventry, Leamington Spa and Warwick.

We can also provide home and hospital visits if you are unable to visit our offices. We understand this will be a difficult time for you and your family, so we ensure we deal with your claim with sensitivity and compassion.

When pregnancy, labour or birth goes wrong, the impact on your life and that of your family can be devastating. Whether you were treated by the NHS or private hospital, if the mistakes are due to lack of judgement or incompetence by a midwife, nurse or doctor then you will need the expertise of a medical negligence solicitor to see if you have a claim.  Birth trauma compensation and birth injury claims can be complex, but our team have the knowledge and experience to guide you through the process.

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