Childbirth negligence claims arise when substandard care during pregnancy, labour, or delivery causes preventable injury to a baby or mother — for example a midwife who misreads the CTG, an obstetrician who delays an emergency caesarean, or a clinician who fails to manage shoulder dystocia. The consequences can be devastating and permanent: a baby left with cerebral palsy, a mother with lifelong incontinence from an unrepaired tear, a family bereaved by a stillbirth that should not have happened. AAA Solicitors handle childbirth negligence claims across England and Wales on a no win no fee basis.
What are the main types of childbirth negligence claim?
Delayed emergency caesarean section
The most common and highest-value type of childbirth negligence claim. Where the CTG shows clear signs of foetal distress and the decision to perform an emergency caesarean is delayed, the baby can suffer hypoxic brain injury from oxygen deprivation. The standard for Category 1 caesarean section is delivery within 30 minutes. See caesarean section negligence.
CTG misinterpretation
The cardiotocograph (CTG) continuously monitors the baby's heart rate during labour. Pathological patterns — late decelerations, prolonged decelerations, loss of variability — indicate foetal distress requiring urgent action. Failure to correctly interpret the CTG and escalate care is the single most common source of preventable birth injury.
Shoulder dystocia mismanagement
Shoulder dystocia occurs when the baby's shoulders become impacted behind the mother's pelvis after the head is delivered. It requires immediate structured manoeuvres (HELPERR protocol). Failure to apply the correct manoeuvres, or incorrect traction causing brachial plexus injury (Erb's palsy), may give rise to a claim. See shoulder dystocia.
Failure to monitor or respond to high-risk pregnancy
Women with risk factors — pre-eclampsia, diabetes, previous caesarean, growth-restricted baby, multiple pregnancy — require enhanced monitoring. Failure to identify and manage risk factors during the antenatal period can cause preventable harm at delivery.
Episiotomy and perineal tear mismanagement
Third and fourth-degree tears involving the anal sphincter must be identified and repaired by a trained clinician. Unrecognised tears cause lifelong faecal and urinary incontinence. See episiotomy and birth tears.
Group B Streptococcus (GBS) failure
Failure to identify GBS risk factors and administer intrapartum antibiotics, resulting in neonatal GBS sepsis or meningitis. See Group B Strep negligence.
Retained placenta mismanagement
Failure to manage a retained placenta promptly, causing post-partum haemorrhage and emergency hysterectomy. See retained placenta.
Stillbirth caused by negligence
Where a stillbirth results from failure to monitor, failure to induce labour at the appropriate point, or failure to respond to reduced foetal movements, a claim may be available under the Fatal Accidents Act 1976 and Law Reform Act 1934.
Who are the defendants in childbirth negligence claims?
Claims are brought against the NHS Trust operating the maternity unit. NHS maternity negligence claims are defended by NHS Resolution. London maternity units are covered in medical negligence solicitors London. Private maternity care claims — including private midwife and independent maternity provider claims — are brought against the provider directly.
How much is a childbirth negligence claim worth?
Childbirth negligence claims involving serious injury to a baby are the highest-value clinical negligence claims:
| Injury | Typical settlement range |
|---|---|
| Cerebral palsy (moderate, requiring care) | £1 million – £5 million+ |
| Hypoxic brain injury (severe, full-time care) | £3 million – £15 million+ |
| Erb's palsy (permanent arm weakness) | £50,000 – £250,000 |
| Maternal injury — permanent incontinence | £75,000 – £300,000 |
| Stillbirth — dependency claim | £50,000 – £200,000 |
Future care costs, case management, adapted housing, assistive technology, and lost earnings are the main drivers of high-value birth injury settlements.
No win no fee childbirth negligence claims
All childbirth negligence claims at AAA Solicitors are funded under a Conditional Fee Agreement. You pay nothing upfront. After the Event insurance protects you if the claim is unsuccessful. Interim payments are available once liability is established, to fund immediate care and equipment needs.
Frequently asked questions
How long do I have to make a childbirth negligence claim?
For injuries to the child: the child has until their 21st birthday to bring a claim in their own name. For maternal injuries: three years from the date of delivery. For stillbirth claims: three years from the date of the stillbirth.
My child has cerebral palsy — can I claim?
Possibly. Not all cerebral palsy is caused by negligence. A specialist solicitor and independent obstetric and neurological expert will assess whether the cerebral palsy was caused by a hypoxic event during labour that could and should have been prevented.
Can I claim if the CTG was not read correctly?
Yes — if an independent obstetric expert confirms that the CTG showed pathological features that a competent midwife or obstetrician would have acted on, and that action (such as emergency caesarean) was not taken, and the baby suffered injury as a result.
Can I claim for a stillbirth?
Yes — where a stillbirth resulted from failure to adequately monitor the pregnancy, failure to induce labour at the right time, or failure to respond to warning signs during labour, a claim may be available.
People also ask
How do I know if my child's birth injury was caused by negligence?
The key questions are: was the CTG correctly interpreted? Was an emergency caesarean performed when it should have been? Were complications managed in line with obstetric protocols? A specialist solicitor will instruct an independent obstetric expert to review the records and answer these questions.
My child has cerebral palsy — can I claim?
Possibly. Not all cerebral palsy is caused by negligence. An independent obstetric and neurological expert will assess whether the cerebral palsy was caused by a preventable hypoxic event during labour.
How long do I have to claim for a birth injury?
For an injured child: until their 21st birthday. For maternal injury: three years from the date of delivery. For a stillbirth: three years from the date of the stillbirth. For a child who lacks mental capacity: no time limit applies.
How much is a birth injury claim worth?
Serious birth injury claims involving cerebral palsy or brain damage are the highest-value medical negligence claims — settlements of £1 million to over £10 million are not uncommon where lifetime care is required.
What is childbirth negligence?
Childbirth negligence is when the medical or midwifery care provided during pregnancy, labour, or delivery falls below the required standard of a reasonably competent obstetrician or midwife, and that failure causes harm to the baby, the mother, or both.
How do I know if my child's birth injury was caused by negligence?
The key questions are: was the CTG monitored and correctly interpreted? Was an emergency caesarean performed when it should have been? Were complications managed according to the required protocols? A specialist solicitor will instruct an independent obstetric expert to review the medical records and answer these questions.
How long does a birth injury claim take to resolve?
Complex birth injury claims — particularly those involving cerebral palsy or severe brain damage — typically take three to seven years to resolve. This reflects the time needed to obtain full evidence on the child's prognosis and lifetime care needs. Interim payments are available during this period.