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Birth Injury & Trauma Claims Solicitors
Birth injuries can change your child's, family’s and your own future in ways you never expected. Our solicitors can help you pursue the compensation you deserve.
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How our birth injury claims solicitors can help
Our clinical negligence solicitors have helped hundreds of families rebuild their lives after avoidable harm during pregnancy, labour or the neonatal period. We provide the financial support, expert guidance and rehabilitation advice you need, so you can pursue your claim without added financial worry through a No Win, No Fee arrangement.
Whether it’s your baby, you, or both of you who have been affected, we can build a strong case for compensation and help you get the support you need to move forward. Compensation cannot undo what happened, but it can help fund specialist care, therapies, home adaptations and the rehabilitation your family needs to rebuild your lives.
Types of Birth Injuries & Trauma
If you or your child were hurt during or after birth, you may be able to make a medical negligence claim. Common types of claim include:
- Injuries during birth: Lack of oxygen to the baby, cerebral palsy, injuries to the arm and shoulder area (including Erb’s palsy), brain injury, birth trauma from a difficult or forced delivery, stillbirth
- Injuries in the weeks after birth: Severe jaundice, low blood sugar, high sodium levels, infections such as Group B Strep, fluid on the brain, newborn death
- Injuries to mothers during childbirth: Severe tearing, damage to the reproductive organs, injuries to the bowel or other organs, nerve damage, maternal death
Who is held liable?
Obstetricians, midwives, and hospital doctors involved in your antenatal care, labour or delivery can all be held accountable for medical negligence if their actions or omissions cause a birth injury.
Anaesthetists, paediatricians, and other maternity staff may be liable if they breach their duty of care to you or your baby, whether that’s during pregnancy, birth or the neonatal period.
GPs and community midwives can also be held responsible where a failure to spot warning signs, refer you to a specialist, or act on test results during pregnancy leads to avoidable harm.
In most cases, the claim is brought against the NHS Trust or private hospital responsible for your care, rather than an individual member of staff, as they are vicariously liable for the actions of their employees. Our Medical Negligence Solicitors can help you identify exactly where liability lies and guide you through making a claim.
How to make a birth injury claim
1
Contact our team
Get in touch at your earliest convenience. We offer a free initial consultation to assess the merits of your case, the best way forward and discuss how we can help.
2
We build your case
Early contact means we can start working on your case while the details of your treatment are still fresh, helping us build the strongest possible case on your behalf.
3
Secure your compensation
Where the NHS or private healthcare provider acknowledges liability early on, we may be able to secure interim compensation payments ahead of your final settlement, helping cover medical costs and living expenses while you recover.
Why choose Williamsons Solicitors for your claim
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A team you can trust to listen and support you.
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Recognised for the quality of our legal expertise.
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Based in East Yorkshire, serving clients across England and Wales.
No Win, No Fee
Claim with confidence and no financial risk.
Hear from the people we have helped
They provided a friendly, thorough, fair and transparent service.
A&H
Excellent staff and couldn’t wish for a better company to deal with it very compassionate.
CARL ANDREW
I was always greeted with a smile and the offer of a cup of coffee.
PETER
What was an extremely difficult time for us, was handled with care, compassion and total professionalism.
NEIL
Birth Injury & Trauma Negligence Team
Get In TouchBirth Injury & Trauma Negligence Claims FAQs
The first step in pursuing a birth injury negligence claim is to contact our clinical negligence solicitors at your earliest convenience. We offer a free initial consultation, during which we will assess the merits of your case and what we can do to help you and your family.
Early contact enables us to begin working on your case while the details of the pregnancy, labour or birth remain fresh, and while medical records are easier to obtain.
If the NHS or the relevant private healthcare provider acknowledges liability at an early stage, we may be able to secure interim compensation payments. These payments, provided in advance of your final settlement, can help fund private rehabilitation, therapy and care for you or your child while your claim continues.
Our birth injury negligence solicitors work on a no win, no fee basis, ensuring you don't have to worry about legal costs if your claim is unsuccessful. Certain birth injury claims, particularly those involving brain injury at birth, may also qualify for legal aid, and we'll talk you through your funding options at the outset.
Generally, if you are claiming on your own behalf as a mother, you must initiate a birth injury negligence claim within three years of the date of the injury, or from when you first realised your injury was caused by negligent care.
However, there are exceptions to this rule:
Children: Claims involving a birth injury to a child can be made at any time before the child turns 18. Once your child reaches 18, the three-year time limit applies, meaning the claim must be filed before they turn 21.
Mental Capacity: If the injury has left the mother or child without the mental capacity to bring a claim themselves, there is no time limit for initiating a claim on their behalf. The limitation period only begins once the person regains capacity or a legal representative is appointed.
Because birth injuries aren't always obvious straight away, particularly conditions like cerebral palsy that may only become apparent as a child develops, we always recommend speaking to us as soon as you have concerns, rather than waiting until a time limit is close.
Brain injuries most often happen around birth, during labour, delivery, or in the days that follow, particularly if a problem isn't spotted or treated quickly enough. This can include the baby not getting enough oxygen, delays in delivery or a caesarean not being offered when needed, problems with the umbilical cord or placenta, a torn womb, heavy bleeding, or the baby's shoulder becoming stuck during delivery. It may also result from staff failing to monitor the baby properly, mistakes with anaesthetic, or poorly managed pre-eclampsia or infections in the mother. Brain injuries aren't limited to birth, though: they can also occur later in life, for example during surgery, or if a medical condition is misdiagnosed or treated too late.
You may have a valid claim if a healthcare professional breached the accepted standard of care and that breach directly caused injury to you or your baby that wouldn't otherwise have happened. Common triggers include delayed delivery, mismanaged foetal distress, or errors during a complicated labour, but causation is rarely obvious without a specialist review of the medical records. A free initial consultation costs nothing and gives you a clear answer either way.
Yes, in most birth injury cases, the usual three-year time limit does not apply to the child, as the limitation period doesn’t begin until the child turns 18, meaning a claim can be brought up to their 21st birthday. The court also retains discretion under section 33 of the Limitation Act 1980 to permit a claim outside the standard time limits in exceptional circumstances.
Most take between eighteen months and three years, though straightforward cases where liability is admitted early can settle sooner, while complex or disputed cases can take longer. Timescales depend on how quickly medical records arrive, how much expert evidence is needed, and whether the NHS trust admits liability early, though interim payments may be available to help fund rehabilitation and care in the meantime. A free initial consultation can give you a clearer sense of the likely timescale for your circumstances.
There's no fixed amount for birth injury negligence claims, each case is assessed individually. Compensation usually covers general damages (pain, suffering, and impact on quality of life) and special damages (financial losses such as care costs, therapy, equipment, and loss of earnings). Amounts vary significantly depending on the severity of the injury and whether lifelong care is needed. A solicitor can give a clearer estimate once liability and injury extent are established.
Most birth trauma negligence claims settle without ever reaching a courtroom. Once medical evidence is gathered, cases usually resolve through negotiation rather than trial, as it's quicker and less stressful for families. Even where court proceedings begin, most claims still settle beforehand, often before trial. Very few end with a judge deciding the outcome. Your solicitor will guide you through each step and advise on what's likely in your case.
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