What this category covers
Short answer
A birth-injury claim arises where care during pregnancy, labour or the early neonatal period fell below the standard of a reasonably competent maternity team and caused avoidable harm to mother or baby. Hypoxic brain injury and cerebral palsy from poorly managed labour, brachial plexus injuries, missed pre-eclampsia and stillbirth are among the most frequent allegations.
Browse claims in this category
Recurring patterns we see in this category
Hypoxic brain injury and cerebral palsy
Most frequently linked to misinterpretation of the cardiotocograph (CTG) trace, failure to escalate a deteriorating fetal heart pattern, and avoidable delay in operative delivery. Even short periods of severe hypoxia can produce lifelong neurological injury.
Brachial plexus injury (Erb's palsy)
Mishandled shoulder dystocia at delivery — failure to recognise risk factors, inappropriate downward traction on the fetal head, or failure to perform recognised manoeuvres (McRoberts, Rubin's, Wood's screw) in the correct sequence.
Missed pre-eclampsia, eclampsia and HELLP syndrome
Repeatedly raised blood pressure not actioned; proteinuria not investigated; warning symptoms (severe headache, visual disturbance, epigastric pain) dismissed. Outcomes range from intrauterine growth restriction to maternal seizures, stroke or death.
Severe perineal trauma left unrecognised or unrepaired
Third- and fourth-degree tears not identified at delivery, or repaired by clinicians without the requisite training. Long-term consequences include faecal incontinence and significant psychological harm.
Stillbirth and neonatal death
Failure to act on reduced fetal movements; inadequate growth-scan surveillance in higher-risk pregnancies; failure to deliver in time despite an abnormal trace. NHS England's Saving Babies' Lives care bundle sets out the expected standard.
What evidence will be needed
- The full antenatal record, intrapartum CTG trace, and partogram.
- The neonatal resuscitation note, cord gases and neonatal records.
- Imaging — particularly neonatal MRI — to identify the timing and pattern of injury.
- Independent expert evidence from a consultant obstetrician, midwife, neonatologist, paediatric neurologist and (in due course) a paediatric neuroradiologist.
- Long-term care, accommodation and educational expert reports to value the claim.
Frequently asked questions
Why are birth-injury claims valued so highly?
Where a child sustains a significant brain injury at birth, the resulting condition — often dyskinetic or quadriplegic cerebral palsy — typically requires specialist therapies, equipment, accommodation, and 24-hour care for the rest of the child's life. Compensation is calculated to fund that care for the child's full life expectancy and is therefore measured in millions of pounds, frequently structured as Periodical Payments.
How long do parents have to bring a claim on a child's behalf?
There is no fixed deadline while the child is under 18; the three-year limitation clock under the Limitation Act 1980 only begins on their eighteenth birthday. Where the child lacks mental capacity into adulthood — common in severe cerebral palsy — the limitation period is suspended for so long as incapacity continues. Parents can, and almost always do, bring proceedings as 'litigation friend' long before then to fund care without delay.
Is Legal Aid still available for birth-injury claims?
Generally Legal Aid is no longer available for clinical negligence, but a narrow exception remains under LASPO 2012 for severe neurological injury to a baby sustained during pregnancy, birth, or the first eight weeks of life. A specialist birth-injury solicitor will tell you whether a particular case may qualify.
Related categories
Real claims often span more than one category. The following pages cover situations frequently raised alongside this one:
Where to read next
For the wider legal framework, see our pages on what UK patients are entitled to, the full UK clinical negligence claim process and how No Win No Fee funding actually works. The plain-English glossary explains the legal terms used throughout.
Sources & further reading
Primary statute, case law and regulator guidance referenced in this article.
- NHS England — Saving Babies' Lives Care Bundle — NHS England
- NICE NG121 — Intrapartum care for women with existing medical conditions or obstetric complications — NICE
- RCOG Green-top Guideline No. 42 — Shoulder Dystocia — Royal College of Obstetricians and Gynaecologists
- Damages Act 1996 — Periodical Payments — legislation.gov.uk
- LASPO 2012 — Schedule 1, Part 1, Para 23 (Clinical negligence: severely disabled babies) — legislation.gov.uk