What is a birth injury and lifelong care claim?
A birth injury refers to any harm or damage sustained by a newborn during pregnancy, labour, or delivery, often due to medical negligence or substandard care. Examples of birth injuries include cerebral palsy, Erb's palsy, brain damage, fractures, nerve damage, and oxygen deprivation injuries. Such injuries can significantly impact a child's quality of life, often requiring extensive medical treatment, rehabilitation, equipment, home modifications, and ongoing professional care.
Lifelong care costs claims specifically aim to secure financial compensation to cover the continuing costs associated with caring for a child who has suffered a birth injury. These include medical expenses, specialist therapies, rehabilitation, educational support, adaptive devices, home modifications, and ongoing professional care.
Can you claim compensation for birth injuries and lifelong care costs?
Yes, you may be eligible to claim compensation for birth injuries and the associated lifelong care costs if you can demonstrate that your child's injuries resulted from medical negligence. Claims can be brought against medical professionals including, hospitals, NHS Trusts, or private healthcare providers.
Examples of negligence that can result in birth injuries include:
- Failure to monitor foetal distress properly;
- Delays or errors in performing emergency procedures, including caesarean sections;
- Mistakes in administering medication during labour or delivery;
- Improper use of forceps or vacuum extraction during delivery;
- Misdiagnosis or delayed diagnosis of medical conditions affecting mother or baby.
To establish negligence, our specialist medical negligence solicitors will review detailed medical records and gather evidence from independent medical experts. Our aim is to prove that the healthcare provider breached their duty of care, leading directly to the birth injury and subsequent lifelong care requirements.
Why choose us?
Stephensons is a leading law firm, specialising in medical negligence claims and we are recognised nationally for our expertise and success in handling complex birth injury cases. Our compassionate and highly experienced solicitors are accredited by the Law Society and are members of respected bodies such as the Association of Personal Injury Lawyers (APIL).
We have a proven track record of obtaining substantial settlements to ensure families can cover lifelong care costs and secure the best possible quality of life for their child. Our empathetic, client-focused approach means you will receive sensitive advice and guidance tailored to your individual circumstances, ensuring peace of mind and clarity at every stage of your claim.
How we can help
From initial contact right through to securing compensation, our dedicated birth injury solicitors will be with you every step of the way. At Stephensons, we help families navigate:
- Detailed investigation and assessment of your claim to identify negligence;
- Collecting medical evidence from expert witnesses;
- Calculating the full compensation required, including future lifelong care costs;
- Negotiating settlements with healthcare providers and insurers;
- Representing you in Court, where necessary, to achieve the best possible outcome.
We understand the sensitivity and complexity of birth injury claims, and we are committed to providing you with clear, straightforward advice and unwavering support throughout your case.
Contact us
If you believe your child has suffered a birth injury due to negligence, it is important to seek legal advice as soon as possible to ensure the best chances of a successful claim. To discuss your claim confidentially and with no obligation, please contact Stephensons today on 0161 696 6165 or fill in our enquiry form to request a callback from one of our medical negligence experts.
Frequently asked questions about birth injury & lifelong care costs claims
How long do I have to make a claim?
Usually, you have three years from the date you became aware of the negligence. In claims involving children, the three-year limitation period does not begin until the child's 18th birthday. In some cases, this date will not start to run, if the injured claimant doesn’t gain mental capacity. However, it's advisable to seek legal advice as soon as possible.
Will I need to go to court?
The majority of birth injury claims are settled out of court. However, some more complex cases might require court proceedings to be commenced, where our experienced solicitors will represent and support you throughout the process.
How much compensation could I receive?
Compensation varies greatly depending on individual circumstances, including severity of injury and ongoing care requirements. Our solicitors will provide a detailed assessment to ensure your claim accurately reflects your child's lifelong needs and expenses.
How long will my claim take?
Birth injury claims can be complex and require thorough investigation. On average, they may take approximately two to four years to resolve, though cases can take shorter or longer depending upon the individual situation. Our solicitors will keep you fully informed throughout.
Can I make a claim for a birth injury sustained years ago?
Yes, in certain cases, you may still be able to claim if the injury occurred several years ago, particularly if the injury was discovered or diagnosed at a later stage. Speak to our solicitors to discuss your specific circumstances.