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Birth Injury Claims


Birth Injury Compensation Claims

Having a child is the most important milestone in your life. If there’s an injury or negligent care during birth or pregnancy it can be devastating and the result can have lifelong repercussions for mother, baby, and the family. You maybe able to make birth injury claim if you have suffered birth injury as a result of medical negligence.

If your treatment is found to be negligent, you can claim for the suffering caused to you or your child. You may also be eligible for further support depending on the nature of either your or your child’s condition. We understand that no amount of money can compensate a family when things do go wrong. Birth injury compensation can provide crucial financial support that helps you recoup any funds you may be owed. This might include loss of earnings or support costs. It can also help you with additional care, therapy and equipment that you or your child may need in the future.

You can download our useful Birth Injury Booklet for further information.

Why do I need a birth injury lawyer?

We have a team of experienced birth injury lawyers who have represented clients who have suffered from birth negligence. They will help you to find out whether there were failings in treatment and will guide you on the next steps. The support network we have in place has helped many families to build a bright future. Hudgells goal is clear at all times. We aim to get clients back to the best possible health and as normal a life as quickly as possible.

  • Hudgells dedicated birth injury lawyers offer a compassionate and understanding service tailored to your situation.
  • With our assistance, you can gain access to support services to help make the best possible recovery.
  • We can help you plan for long term care needs required for you or your child to support independent living.
  • Our senior lawyers each have over 25 years of experience of supporting families following child brain injury.



Clinical Negligence Law Society Accreditation


The Law Society Accreditation is only awarded to solicitors who meet the highest level of management and customer service standards. The schemes promote high standards in legal service provision and ensure that clients are easily able to identify legal practitioners with proven competency in given areas of law giving you added peace of mind when choosing a lawyer.

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Campaign for change

Hudgells join forces with mother and baby charity Baby Lifeline to highlight the continued maternity failings in the UK and the need for greater investment into training. We call for standardised training across all trusts and and said complete transparency was needed following investigations when things go wrong, to ensure lessons are learned and effective changes made #borninbettercare

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Making a Birth Negligence Claim

The most common reasons for failures which lead to birth injuries caused by medical negligence include inadequate monitoring of the patient, incorrect diagnosis, lack of medical experience, lack of experience in handling specialised equipment , or failing to take adequate remedial action if necessary.

If you, or your child, have been affected adversely in any way during pregnancy, childbirth, or in the immediate aftercare period, our team of expert birth injury lawyers and solicitors are here to support you through this difficult time. As a first  step, call us for a confidential discussion of your current situation.

Our Birth Injury Experts

How much will my claim cost?

All birth negligence cases taken on by Hudgell Solicitors are handled on a no win no fee basis. This means that you will not have to pay any money up front and there will be no financial risk if your case is unsuccessful. If your case is successful, you will only be expected to pay a contribution to your solicitor’s fees once the case has been resolved.

Public funding (sometimes known as legal aid) may also be available for child cases. We will carry out a full assessment to see if an application for funding is appropriate.

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Birth Injury Questions and Answers

what is birth injury

What is birth negligence and what causes birth injury?

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What is birth negligence and how do birth injuries occur?

Birth negligence can take many forms. For example, mistakes made during routine procedures and monitoring failures can mean that an unborn child’s health deteriorates at a frightening speed.

Whilst the vast majority of pregnancies and births take place without any issues, it can be very serious when something does go wrong.

The definition of a ‘birth injury’ is any injury suffered by the mother or their baby during the three stages of childbirth.

As a mother, you might experience a wide variety of complications that range in severity. It may be that you were left unattended during labour. Regardless of their impact, an injury to mother during birth which was as the result of improper treatment or care may mean you are entitled to birth injury compensation and private care.

Examples of cases where birth injury compensation claims may be possible because of issues during pregnancy

  • Maternal diabetes or gestational diabetes
  • Errors in managing pre-eclampsia
  • Uterine rupture
  • Placental abruption
  • Wrongful birth cases, where a mother would have terminated her pregnancy had she known about a birth defect rather than give birth to a child with severe physical or mental disabilities.
  • Types of birth injury claims we deal with when problems occurred during labour

  • Episiotomy – Second or third degree tears
  • Forceps delivery or Ventouse delivery
  • Perineal tears – third and fourth degree
  • Wrongly performed Episiotomies
  • Mistakes in surgically suturing tears or an Episiotomy
  • Fissures
  • Mistakes in caesarean procedures (e.g. damage to organs)
  • Retained swabs
  • Anaesthetic errors
  • Fractures to the skull, legs, arm, shoulder or collarbone of baby
  • Cuts and scars to baby
  • Cerebral Palsy
  • Erb’s Palsy or Brachial Plexus Injuries
  • Examples of cases where a birth injury claim may be possible because of complications after the birth

  • Congenital Hip Dysplasia – This is not initially indicative of negligence, however, if left undiagnosed and untreated it may affect joint health and development
  • Stillbirth – Where your baby is born dead after 24 weeks or more
  • Infant mortality – If a baby is born alive, but tragically passes away post birth
  • How can I make a birth injury claim?

    If you or your child have been affected adversely in any way during childbirth or in the immediate aftercare period, our team of expert birth injury lawyers and solicitors are here to support you through this difficult time.

    The next step for you is to get in touch and discuss your case with us. We operate under a no win, no fee policy – meaning that getting in touch to discuss your situation won’t cost you a thing and could significantly improve your situation.

    Public Funding (sometimes known as Legal Aid) may also be available for child cases. We will carry out a full assessment to see if an application for funding is appropriate.

    We’ll help alleviate your concerns and will always speak to you and write to you in plain, straightforward English.

    How do I know if I can make a birth injury claim?

    Our team of expert child birth injury solicitors have vast experience of dealing with complex birth injury claims.

    The following four-step process is used by us when assessing whether you can make a birth trauma claim or birth error claim.

  • We can analyse medical records, work out what went wrong and what could have been done to prevent any injuries and conditions from occurring.
  • We can then arrange for an independent medical examination to determine whether a mother or child’s injuries could have been prevented – had the proper care and attention been given.
  • If the treatment received is found to be negligent, you are entitled to claim compensation for the suffering and hardship you experienced,
  • You may be eligible for further support depending on the nature of either your or your child’s condition.
  • Whilst we understand that no amount of money can truly compensate this situation, it can provide crucial financial support that helps you recoup any funds you may be owed, such as lost earnings or support costs. It can also help you access any additional ongoing care, therapy and special equipment that a mother or child may require.

    How long after a birth injury can I make a compensation claim?

    As is the case with most clinical negligence claims, the time limit is three years from when you suffered an injury because of medical errors – or the date when you first learned your injuries were because of medical negligence. If a child is involved, claims can be made any time up until the age of 21 because the three-year time limit starts once they turn 18.

    Birth injuries which result in brain damage at birth

    Cerebral Palsy claims

    Cerebral palsy, a brain injury caused by lack of oxygen to the baby during delivery, is most commonly caused by the failure to recognise a child’s vital signs becoming abnormal and subsequently failing to accelerate the birth.

    When assisting with a delivery, medical staff may inadvertently use excessive force or fail to carry out a caesarean section when one is clearly needed. This may result in a child being born with serious neurological damage.

    Although not every case of cerebral palsy in childbirth is a result of medical negligence, you can find out more information about cerebral palsy, its symptoms and how to make a birth injury claim by clicking here to see our Cerebral Palsy Lawyers page.

    Erb’s Palsy claims or Brachial Plexus injury claims

    Shoulder Dystocia leading to Erb’s Palsy occurs when inadequate plans for birth are made by healthcare professionals relating to the size of an unborn baby and its delivery method.

    If a baby is expected to be larger than normal, which may cause problems during a normal vaginal delivery, preparations should be made to carry out a caesarean section or an episiotomy.

    If no action is taken and baby is large, their shoulders may end up being stuck during vaginal delivery, which is extremely dangerous and can lead to death.

    Sometimes this can happen and baby’s shoulders are freed, but the trauma sustained in vaginal delivery leads to nerve injury and the possibility of an arm or hand being paralysed.

    If you think this has happened to you or someone you know, get in touch and discuss whether you may be eligible to make a birth injury compensation claim.

    Or click here for more information about Erb’s palsy, its symptoms and how our specialist Erb’s Palsy Solicitors will help to process your claim.

    Can I get legal aid for a birth injury claim?

    Only accredited specialists in birth injury claims have a legal aid franchise which allows them to represent families when a child suffers a neurological injury before, during or no later than 8 weeks from birth, through the public purse. Hudgell Solicitors are proud to be one of only a small number of firms to offer this service so we can ensure families are not left out of pocket when seeking the compensation and support they will require, often for the rest of their child’s life.

  • Personal insurance cover so there’s no financial risk to you in pursuing a claim
  • Whatever the outcome of your case, you won’t have to pay a penny (provided that you fully assist us with your claim) other than an agreed percentage of your damages
  • Every birth injury case involving a child will be assessed for public funding eligibility
  • "Hospital wanted to put me on a post-natal ward with mums and their new babies hours after my son died at birth."

    Tasmin White, Solicitor, Clinical Negligence

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