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Birth Injury Claims — Medical Negligence Compensation

Last reviewed: June 2026 · EA Personal Injury Solicitors

Birth injuries caused by negligent obstetric or midwifery care can have profound and lifelong consequences for a child and their family. EA Personal Injury Solicitors handles birth injury claims with sensitivity and expertise on a no win, no fee basis — if the claim succeeds, a success fee may be deducted from your compensation.

TL;DR — Quick Summary

Key Points

  • Children have until their 21st birthday to bring a birth injury claim
  • Cerebral palsy, hypoxic brain injury and Erb's palsy can all be caused by obstetric negligence
  • Birth injury claims require specialist expert evidence from obstetricians and paediatric neurologists
  • Compensation can include lifetime care costs — some of the highest awards in personal injury law
  • No win, no fee — if the claim succeeds, a success fee may be deducted from your compensation

Frequently Asked Questions

How long do I have to make a birth injury claim for my child?
For birth injuries to a child, the three-year limitation period does not begin until the child's 18th birthday, giving them until their 21st birthday to bring a claim. Parents can also bring a claim on the child's behalf at any time before the child turns 18 — there is no benefit in waiting. Acting earlier means better evidence preservation and earlier access to compensation for care and rehabilitation.
What is cerebral palsy and can it be caused by birth negligence?
Cerebral palsy is a group of conditions affecting movement and posture caused by brain injury or abnormal brain development. Where cerebral palsy is caused by hypoxia (oxygen deprivation) during labour and delivery — for example due to failure to recognise fetal distress, delayed decision to perform an emergency caesarean, or mismanagement of complications — it may be the result of obstetric negligence.
What is Erb's palsy and can it be claimed for?
Erb's palsy is a weakness or paralysis of the arm caused by injury to the brachial plexus nerve network during delivery. It is most commonly caused by excessive traction applied to the baby's head during shoulder dystocia. Where the midwife or obstetrician used excessive traction, rather than applying the recommended manoeuvres, Erb's palsy caused by birth may be actionable negligence.
Can I claim for a stillbirth or neonatal death caused by negligence?
Yes. Where negligent intrapartum management contributed to a stillbirth or neonatal death, claims can be brought under the Fatal Accidents Act 1976 (if the baby was born alive, however briefly) and under the Law Reform Act. Separate claims for maternal psychiatric injury following traumatic birth are also possible.
My baby received a reduced oxygen supply during labour — how do I know if it caused harm?
An independent paediatric neurologist and neonatologist will review the records — CTG traces, blood gas results, delivery notes — and assess whether hypoxia occurred, when, and whether it caused the child's condition. This specialist evidence is fundamental to the claim.
Birth injury claims seem very complex — can you handle them?
Yes. Birth injury claims are among the most complex in clinical negligence, requiring detailed expert evidence from obstetricians, midwives, paediatric neurologists, neonatologists, and experts in the child's long-term care and education needs. We have experience in instructing the right experts and building thorough cases for birth injured children.
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Published by EA Personal Injury Solicitors
Edward and Amaury Limited · SRA No. 800525
Verify the firm and its regulated people on the SRA Register. General information only; this is not legal advice.

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