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Birth injury from medical negligence claims

Our medical negligence solicitors have extensive experience of handling birth injury compensation claims and negligence during pregnancy claims, with particular expertise in cerebral palsy claims. In some cases, our clients have very severe disabilities needing 24-hour care because of their birth injuries. Our successful birth injury claims cases have recovered millions of pounds in compensation for our clients, which has been used to cover care, accommodation, aids and equipment as well as provide financial compensation for the actual injury.

If you would like to discuss a birth injury claim please call our specialist solicitors on 01616 966 229 for free initial advice or complete our online enquiry form and a member of the team will contact you directly.


  • Living with Cerebral Palsy - Nicole's Story 

    Nicole Loughrey was injured at birth due to the negligence of medical professionals and diagnosed with cerebral palsy. Nicole's parents came to the specialist medical negligence solicitors at Stephensons and we were able to secure funding to support Nicole and her family for the future. Here Nicole's mother Jan talks about how life has changed since they have been able to move to a new home which better caters for the needs of Nicole. Jan also talks about her experience of working alongside the medical negligence team here at Stephensons. Head of Medical Negligence at Stephensons, Judith Thomas-Whittingham shares her pride at being invited into the Loughrey's new home and be able to see first hand how the compensation they received has made such a positive difference in their lives.

  • Jan Loughrey

    "Ever since I've got to know Judith she's always been absolutely lovely. And she's always wanting to help. She absolutely idolises Nicole. The work that they put into it on a daily basis, which we don't see, has been second to none. All the team, everyone I've come across, they can't do enough for you. I would say go to Stephensons, they're absolutely amazing."
    Jan Loughrey

  • Judith Thomas Whittingham - Cerebral Palsy Claims Specialist

    "To see the end result is an amazing achievement. We work so hard with our clients and on behalf of our clients in order to get the result that we wish for. But then it's very difficult to envisage actually in practise what that means. It's a privilege to be invited back into your client's homes, and to share that with them." 
    Judith Thomas Whittingham - Head of Medical Negligence

Making a birth injury compensation claim

The birth of a child is an extremely important and unforgettable time for a family, particularly for the parents. Unfortunately, if things go wrong during pregnancy or labour, the effects can be catastrophic for both mother and baby. If either is a victim of a birth injury as a result of medical negligence, it may be possible to start a claim with our birth injury lawyers.

Birth injuries due to negligence can occur to either the baby or the mother. If the baby has suffered a lack of oxygen, fractures, hip dysplasia, or permanent scarring due to issues during birth it may be possible to claim compensation. Fortunately, many of these issues are minor and many babies go on to fully recover from their birth injuries. However, this is not always the case, some birth injuries can leave babies with lifelong disabilities or can lead to a baby being stillborn.

The vast majority of births go well, and in most cases, you will receive exceptional care from doctors and midwives. However, there are times when mistakes are made, and these mistakes can result in serious injuries to the mother and can even result in a fatality. Birth injuries to the mother can include:

If you think you have suffered an injury, like the ones mentioned above, and you think it might be partially, or wholly, due to medical negligence, then you could be entitled to claim compensation. At Stephensons, we can bring birth injury claims against both private medical establishments and the NHS. If you, your loved one or your child has suffered a birth injury malpractice, then contact our birth injury lawyers today on 01616 966 229.

Birth negligence - areas of specialism

At Stephensons, when it comes to birth injuries, we specialise in a number of areas, such as:

  • Cerebral palsy claims (disability caused by damage to the brain before or at birth)
  • Erb's palsy (damage to the nerves in a baby’s upper arm)
  • Failure to diagnose and treat neonatal conditions
  • Negligence during pregnancy
  • Negligence during birth

Pregnancy negligence claims

Pregnancy can be both an exciting and anxious time. While many will receive a high standard of care, sadly there are times when a pregnancy can be mishandled by a medical practitioner, such as a gynaecologist, midwife or doctor. Our pregnancy negligence claims solicitors may be able to help if you have suffered from the following issues:

  • Fertility or IVF negligence
  • Misdiagnosed miscarriage
  • Failed sterilisation
  • Stillbirth or neonatal death
  • Ectopic pregnancy negligence

Our expert pregnancy negligence lawyers can help with pregnancy negligence cases as well as midwife negligence claims, whether you’ve undergone treatment from the NHS or through a private medical facility. Contact our pregnancy negligence claims solicitors today on 01616 966 229.

Cerebral palsy claims

If your child is affected by cerebral palsy and you believe that it may have been caused by a mismanaged labour, resulting in a brain injury or another form of medical accident, our team of specialist cerebral palsy solicitors may be able to help you recover compensation for their injuries. For free initial advice, call us on 01616 966 229 or complete our online enquiry form and we will contact you directly.

There are many different types of cerebral palsy and the symptoms of the condition can vary greatly from child to child depending on the part of the brain affected. Some common symptoms include an inability to walk, talk, learning difficulties, epilepsy and visual or hearing impairment.

Cerebral palsy is caused by damage to the brain, usually suffered during labour or in the few hours or days after birth. The damage can occur as a result of a difficult or mismanaged labour or pregnancy, negligent reading of CTG traces, as a result of infection during pregnancy or it can occur due to abnormal development of the baby's brain during pregnancy.

Cerebral palsy is a non-progressive disorder, which means that it will not get any worse throughout the child’s life. Children affected by the condition are, however, sometimes profoundly disabled and often require 24-hour care and assistance. Families affected often find that the diagnosis has catastrophic effects on their lives and financial situation.

Our highly skilled cerebral palsy lawyers have helped many families to pursue successful cerebral palsy claims, from which they are awarded compensation to help these families to care for the disabled victims of the condition throughout their lives and pay for the ongoing treatment they require.

Because of their many years of experience, our specialist medical negligence solicitors are sensitive to the needs of the sufferer and their families. We appreciate that every single case is important, and we strive to provide bespoke legal services which are tailor-made for every individual.

To enquire about cerebral palsy claims, call us on 01616 966 229 or complete our online enquiry form for free initial legal advice without obligation. If your child is disabled due to medical negligence, they could be entitled to compensation and our highly skilled medical negligence solicitors are perfectly positioned to help you to access it.

Birth injury claims FAQs

What is a birth injury?

A birth injury is when the mother or baby suffers a physical injury before, during or after birth. It can also be known as birth trauma. This can happen for a number of reasons and is not always due to medical negligence, however, sometimes, mistakes or poor care can result in birth injuries. For more information and statistics on birth injuries, click here.

How much compensation for a birth injury?

How much compensation you or your family can expect for a birth injury will depend on the severity of the injury and the complications that have arisen. If a birth injury has resulted in a severe disability, such as cerebral palsy, and your child may need lifelong care, it may be possible to get a six or seven-figure compensation pay-out. Our expert birth injury solicitors will be able to help to determine how much compensation you are likely to get for a successful claim with your specific circumstances.

What can birth injury compensation pay for?

Compensation for a birth injury can pay for a number of things that relate to the needs of the injured person, including future treatment, medical equipment, adaptations to your home and vehicle, travel expenses, loss of earnings, occupational therapy, physiotherapy as well as paying for private tuition or education for your child. What the compensation will need to cover will depend on your unique situation.

Can I claim for a loved one who died due to a birth injury?

If your loved one has died as a result of a birth injury that was due to clinical negligence, it may be possible to claim compensation. Our expert birth injury solicitors can help you with recovering compensation, represent you at your loved one’s inquest and we may also be able to help you get access to a statutory bereavement award.

How to start birth negligence claims?

The best way to start your childbirth negligence claim is to contact one of our expert birth injury solicitors or pregnancy negligence solicitors. You can call us on 01616 966 229 and we can offer you free initial advice and help to determine if you have a claim. Once we have established that you have a viable case, we will set about getting in touch with the relevant parties and amassing the evidence needed.

We often work on a no-win, no fee basis, so you don't have to worry about how you will pay for our legal expertise. You may also be eligible for legal aid and Stephensons are one of the few firms who are able to offer this form of funding to investigate your medical negligence claim.

Support & information - birth injury

Child Brain Injury Trust - provides emotional and practical support to the families of children who have suffered a brain injury.

Sands - supporting anyone affected by the death of a baby.

MedEquip4Kids - help in accessing specialist equipment for children living with disabilities. 

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4.7 score on Trustpilot Based on count 1137

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