No win, no fee traumatic birth compensation claims
You can be represented by a highly-experienced birth trauma lawyer at no upfront cost to you. Under our No Win, No Fee agreement you only pay a pre-agreed percentage of the compensation awarded if your case is successful.
Traumatic birth compensation
It is estimated that 30,000 women a year, in the UK alone, suffer negative experiences during the delivery of their babies, with around one in 20 developing post-traumatic stress disorder (PTSD) as a result.
If that trauma was caused by negligent care relating to an individual’s physical treatment by health professionals, you may be able to make a claim for traumatic birth compensation.
At Hudgell Solicitors, our birth trauma lawyers support many mothers and partners who have endured a traumatic birth, where suffering has been caused by failures in care during the antenatal and postnatal period.
Commonly these include women having procedures performed on them without their consent, being denied pain relief, and failings in care and treatment leading to avoidable injuries, stillbirths and neonatal deaths.
Was birth trauma caused by negligence?
A traumatic experience during childbirth is not always the result of negligent care, as unexpected complications can arise, and this is not uncommon.
However, it is imperative that healthcare professionals ensure that informed consent has been obtained from the mother and their birthing partner about treatment decisions whenever possible.
We have represented many mothers who have been let down as a result of poor communication and negligent treatment.
This has included sub-standard caesarean procedures causing organ damage, errors causing perineal tears, and mistakes when surgically suturing tears or episiotomies (a surgical incision made to widen the vaginal opening during childbirth).
We have also seen mothers suffer avoidable pain by failure to administer anaesthesia, and from traumatic forceps deliveries.
If your birth experience proved traumatic, leaving you with physical or psychological injuries, and you’ve not been given answers as to how and why events unfolded as they did, you can seek an investigation into your case.
Should you still have concerns that something went wrong, you should seek legal advice.
Birth treatments without informed consent
Some of the major areas of concern around maternity care in the UK at present are procedures being performed on mothers during labour and birth without them giving their full consent, and mothers’ concerns during labour being dismissed by healthcare professionals.
In a survey by the Birth Trauma Association in 2024, two in five (42.4%) women said they underwent procedures without their consent whilst giving birth.
Nearly 70% said that they underwent surgical procedures, such as caesarean sections, that required written consent. Of those, 53.3% said that they did not feel fully competent to give consent at that point, while 16.7% said they were unsure whether they felt competent or not.
Other procedures commonly performed without consent included episiotomies, cervical sweeps (a doctor or midwife using a gloved finger to carry out a vaginal examination), and midwives breaking waters to induce or speed up labour.
It is imperative that mothers understand the risks and benefits of any clinical decision, and that any alternative options are explained to them, unless it is a life and death emergency situation, or when a woman is unconscious. In those circumstances, a birthing partner should be consulted, and any wishes set out in a birthing plan followed.
Listen to our Podcast with Medical Negligence Solicitor Maria Repanos on Informed consent during pregnancy and childbirth.
Campaigning for improved maternity care
Hudgell Solicitors has called for a Statutory Inquiry into the standard of Britain’s maternity services after the findings of a UK Parliament All-Party Parliamentary Group (APPG) Birth Trauma Inquiry were revealed in 2024.
The Inquiry found good care for pregnant women to be ‘the exception rather than the rule’, with ‘poor care all too frequently tolerated as normal’. Those who gave evidence spoke of the ‘distress at being neglected, ignored or belittled at a time when women were at their most vulnerable’.
The inquiry highlighted how women from marginalised groups, particularly ethnic minority groups, appeared to experience particularly poor care, with some reporting direct and indirect racism.
Our lawyers contributed to the Inquiry by making our own submission, detailing observations of birth injury solicitors on the profound impact of poor maternity care. Our submission included statements on behalf of more than 20 women who our legal team has supported in recent times.
Experts in maternity negligence claims
Hudgell Solicitors are recognised as leading experts in compensation claims relating to maternity care and birth injuries, with the leading Legal 500 2025 guide referencing our team’s ‘vast experience’ in leading these types of claims.
Our team supports families whose children are left with lifelong injuries due to negligent treatment during pregnancy and birth, including Cerebral Palsy and Erb’s Palsy, as well as supporting families who lose their children to stillbirth or neonatal death.
We also support families whose babies are born with injuries or disabilities which doctors should have detected during pregnancy and informed the mother/parents of at the time, but failed to do so.
In October 2024, we secured a damages settlement worth up to £23.7m in a birth trauma compensation case relating to a boy born with Cerebral Palsy due to the negligent treatment provided to his mother during pregnancy.
How to make a birth trauma claim
Make a claim in six easy steps
Free Initial Advice
Call us, request a callback or complete our online claim form and we will assess whether we think you have a claim.
Funding
We will help you to decide how best to fund your claim. Usually, we will be able to offer you a No win, No fee agreement.
Obtain Medical Records & Medical Reports
We will request copies of your medical records and instruct appropriate medical experts to prepare reports confirming whether your care was negligent and how this caused you injury.
Letter Of Claim
We will send a letter to your healthcare provider with details of your claim, setting out why we think your case was negligent and how this caused you injury.
Prepare Claim Valuation
We will put together a schedule of loss setting out the losses you have incurred and the extent of the injuries you have sustained.
Negotiate Settlement
We will send all the evidence to your healthcare provider inviting their settlement proposals. If we cannot agree a reasonable settlement, we will prepare court proceedings.
Start your claim today
Feel free to give us a call or begin your claim online
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FAQs
What is the average amount of birth injury compensation?
Compensation for birth injury can vary vastly depending upon the severity of injury and loss suffered. Traumatic birth compensation or compensation for a birth injury to a mother may vary greatly when compared to birth injury compensation claims where a child faces long-term effects.
For life-long injuries, such as Cerebral palsy or Erb’s palsy significant damages can be awarded as this can be required to cover the cost of round-the-clock care and home adaptations.
How will birth trauma solicitors help my claim?
Our expert childbirth injury solicitors will:
- Carry out initial fact-finding by discussing with you what happened, what went wrong and the impact it has had on your life.
- Inform the healthcare provider of our investigation into the care they provided, requesting relevant medical records and details of examinations and treatment.
- Analyse medical records, consider what went wrong, and what could have been done to prevent any injuries and conditions from occurring.
- Seek independent medical opinion to determine whether a mother or child’s injuries could and should have been prevented with proper care and treatment.
- Make a decision, based on the evidence gathered, as to whether we are in a position to bring a claim for damages to compensate for the suffering and hardship caused.
Seek to negotiate a settlement out of court which reflects the injury and loss caused, including damages to cover any past losses and expenses incurred, and future care and assistance required.
Why should I choose Hudgell Solicitors for a birth injury claim?
Our experienced legal team is supported by in-house medical experts – including a registered midwife – meaning that we are able to fully assess birth trauma and injury cases, and the standard of treatment provided.
We listen to your questions and provide free, expert advice to help you decide if you want to start a birth negligence claim. There is no commitment at this stage, but it will enable our lawyers to assess whether your case can be taken forward and inform you what the next steps will be.
Should we feel we can pursue a compensation claim on your behalf, a specialist medical negligence lawyer will be assigned and dedicated to supporting you through your case.
They will explain, in plain, non-legal language, what is likely to be needed from you at each stage of the process, including what evidence and information will need to be obtained.
How much will my traumatic birth compensation claim cost?
We will advise of the best way to fund your legal costs. The 2 most common forms of funding your claim are:
- No-win, No-fee – Traumatic birth compensation cases are handled on a no-win, no-fee basis. This means if your case is successful your opponent will meet part of your legal costs and we will deduct a percentage of your compensation to cover the remainder of your legal costs once the case has been resolved. If your case is unsuccessful you will not need to pay any costs at all.
- Legal Aid – In some circumstances involving an injury to a child, Legal Aid is available and our legal experts will fully explain if this applies to your claim.
There are other ways of funding your claim. Please be assured we will discuss all options with you in detail to find the best route for you.
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Meet our birth trauma lawyers
Local lawyers at the heart of your community
Vince Shore
Chris Moore
Maria Repanos
Michelle Tebbutt
Advice
Expertise. Trust. Authority
Birth Trauma & Birth Injury Claims
Many women and children are harmed in pregnancy or during childbirth. Experiencing birth trauma or a birth injury can be due to negligent treatment or poor communication from health professionals. Listen to medical negligence lawyer Maria Repanos explain why you might want an explanation and an investigation if you feel you’ve been let down and […]
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