Birth Injury Claims

If your baby, or you, suffered a birth injury caused by substandard maternity care, and you need compassionate legal advice, our solicitors, with over 22 years of experience in clinical negligence claims in England and Wales, can help.

Last reviewed: July 2026

A birth injury claim compensates a mother or baby for harm caused by negligent care during pregnancy, labour, or delivery. In England and Wales, healthcare professionals, including midwives, owe a duty of care that is judged against the standard of a responsible body of medical opinion. A failure to meet that standard, causing injury, may give rise to a compensation claim.

Cerebral palsy, hypoxic ischaemic encephalopathy, brachial plexus injury, and maternal birth trauma are among the most common grounds for a birth injury compensation claim. Living with the aftermath of a birth injury is one of the most painful experiences a family can face, and we recognise the toll it takes on parents watching their child struggle with development milestones or grieving the birth they should have had.

Law Lane Solicitors advises clients and their families in clinical and medical negligence claims from our offices in Stratford, High Holborn, and Croydon. Founded in 2015, we are regulated by the Solicitors Regulation Authority and hold a Law Society of England and Wales accreditation in Personal Injury. Our commitment to getting the best results for our clients is evidenced by our average of 4.95 out of 5 based on over 1,200 reviews.

What does our birth injury service cover?

Birth injury claims can arise from mismanaged labour, delayed caesarean sections, failure to monitor foetal distress, and negligent use of forceps or ventouse delivery.

Our team advises and represents families on:

Cerebral palsy claims, where a failure to respond to signs of foetal distress or a delay in delivery caused oxygen deprivation and lasting brain injury.
Hypoxic ischaemic encephalopathy claims, addressing the medical and financial consequences of oxygen starvation at birth, including long-term cognitive and physical impairment.
Brachial plexus and Erb’s palsy claims, where excessive traction during a difficult delivery has damaged the nerves controlling a baby’s arm and shoulder.
Shoulder dystocia claims, where a failure to manage a baby becoming stuck during delivery caused fracture, nerve damage, or hypoxic injury.
Maternal birth injury claims, including third and fourth degree perineal tears, uterine rupture and psychological birth trauma caused by substandard care.
Stillbirth and neonatal death claims, where negligent monitoring or a delayed response to an obstetric emergency caused the death of a baby.

The above list is not exhaustive. If you have suffered any kind of birth injury and you believe the health care professionals who were meant to look after you were negligent, please talk to us. We will quickly be able to tell you if you have a compensation claim and will work tirelessly to ensure you and/or your child get the compensation and rehabilitation you need.

Why choose Law Lane for birth injury claims?

Birth injury cases require Medical Negligence Solicitors to have expert knowledge of things such as the CTG trace, midwifery notes, and the timing of decisions taken in the minutes before delivery. Reconstructing what should have happened and proving what a competent clinical team would have done differently, requires obstetric and neonatal expert evidence of the highest quality. You can be confident that our Birth Injury Solicitors instruct only the best expert witnesses. In addition, our team includes a former GP and former nurse acting as in-house medical consultants, bringing direct clinical knowledge to the assessment and management of claims. This dual medical/legal expertise means we can spend more time evaluating the merits of a medical negligence case and take on highly complex matters that other law firms often must refuse due to lack of in-house expertise.

In catastrophic birth injury matters, we work with independent case managers from the point of instruction, so you’re your child’s therapy, rehabilitation, specialist equipment, and schooling needs are addressed while the claim is being decided. Our team includes solicitors, solicitor-advocates, and barristers under one roof, giving families continuity from the first meeting through to trial if a case reaches that stage.

Get in touch

Our clinical negligence team is ready to advise you and your family on your claim today. We understand the shock and distress a birth injury can cause, and we act with the urgency, compassion, and sensitivity that these cases deserve. Please contact us on 020 7870 4870 or email clinicalnegligence@lawlanesolicitors.co.uk. You can also attend our free, no-obligation 30 minute consultation, held every Thursday between 11am and 1pm.

Law Lane Solicitors is proud to be accredited under The Law Society’s Immigration and Asylum Accreditation.

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Frequently Asked Questions – Birth Injury Claims

What counts as a birth injury caused by negligence?

A birth injury caused by negligence is harm to mother or baby that resulted from care falling below the standard of a responsible body of medical opinion, rather than from an unavoidable complication. Common examples include a failure to act on an abnormal CTG trace, a delayed decision to perform an emergency caesarean section, and excessive force during an assisted delivery. Not every poor outcome during childbirth is negligent, since some injuries occur despite entirely appropriate care, so a detailed review of the maternity records is the starting point for every case.

How long do I have to bring a birth injury claim?

An adult claimant generally has three years from the date of the injury, or from the date they became aware it was caused by negligence, to bring a claim under section 11 of the Limitation Act 1980. A claim brought on behalf of a child is not subject to that three year limit while the child remains under eighteen, and the child can also bring their own claim up until their twenty-first birthday. We recommend seeking advice as early as possible so that evidence can be gathered while it is available.

Can I claim if my child was left with a permanent disability?

Yes, a family can bring a claim for a permanent disability caused by negligent maternity or neonatal care, and compensation covers both the injury itself and the lifelong costs that follow. These costs include specialist care, equipment, therapy, adapted housing, and loss of the child’s own future earnings. We instruct paediatric neurologists, care experts, and educational psychologists to quantify these losses accurately.

What is hypoxic ischaemic encephalopathy?

Hypoxic ischaemic encephalopathy is a brain injury caused by a reduction in oxygen and blood flow to a baby around the time of birth, which can cause permanent neurological damage including cerebral palsy. It commonly arises when foetal distress is not identified or acted upon in time during labour. A claim depends on proving that earlier or different action by the clinical team would, on the balance of probabilities, have avoided or reduced the injury.

Does a birth injury claim affect NHS care my child still needs?

No, bringing a claim against an NHS trust does not affect your child’s ongoing entitlement to NHS treatment or any other public service. The claim and the ongoing care are entirely separate, and NHS Resolution, which handles claims on behalf of NHS bodies, has no role in clinical decision-making about future treatment. We keep the claim focused on securing the resources your child needs beyond what the NHS provides.

How much does it cost to bring a birth injury claim?

Most birth injury claims are funded through a conditional fee agreement, commonly known as a no win no fee arrangement, so there is no upfront cost to instruct us. We explain the funding options available, including any insurance considerations, at the first meeting. Please get in touch to arrange a time.