Time Limit
Usually until 21
Possible Compensation Range
£1,000 – £millions
Settlement Time
6 – 18 months
Upfront Cost
£0 · No Win No Fee
Written By
Rizwan Shabir
Every guide we publish is verified against UK statute and current case law before release.
If your baby suffered harm due to medical negligence during pregnancy, labour, or delivery, you have a legal right to claim compensation on their behalf. There is no upfront cost, and Claim Time Solicitors handles every stage on a No Win No Fee basis. Call 0800 970 2727 for a free, confidential assessment of your situation.
In England in 2021, around 2,490 babies received at least one episode of care for a brain injury occurring during or soon after birth, equating to approximately 4.2 per 1,000 live births. Behind that figure are individual families who placed their trust in medical teams during one of the most vulnerable moments of their lives, and who are now living with the consequences of care that fell short.
A birth injury can affect a child’s development, independence, and life chances for decades. If you believe medical negligence played a role in what happened to your baby, understanding your legal position is the first step toward securing the support they need.
Understanding birth injury
A birth injury is physical or neurological harm caused to a baby before, during, or shortly after delivery. While some injuries are unavoidable, others result from medical negligence, for example when healthcare professionals fail to recognise warning signs or delay essential intervention.
Not every birth injury is the result of negligence. Labour and delivery carry inherent medical risks, and complications can occur even with excellent care. What matters is whether the standard of care fell below what a competent healthcare professional would have provided, and whether that failure directly caused the harm.
Common types of birth injury
- Cerebral palsy: often caused by oxygen deprivation to the brain during birth, this is one of the most significant and costly birth injury claims handled by NHS Resolution
- Erb’s palsy: nerve damage to the baby’s shoulder or arm during delivery, frequently linked to shoulder dystocia
- Fractures or dislocations: caused by improper use of forceps or vacuum extractors during delivery
- Brain injury or hypoxia: resulting from delays in responding to foetal distress or failure to monitor heart rate properly
- Stillbirth or neonatal death: when failures in care lead to the most devastating outcome a family can face
This rarely affects only the immediate days after delivery. It can shape a child’s entire life, from physical development to long-term independence, which is why understanding your legal options matters early on.
Your right to claim
If your baby has suffered harm during delivery, you have a legal right to pursue a claim against the responsible healthcare provider, whether an NHS trust or private hospital. Parents can claim on behalf of their child at any time before the child’s 18th birthday.
A successful claim can help secure compensation to cover ongoing medical treatment and rehabilitation costs, specialist equipment and home adaptations, emotional and psychological support, and future loss of earnings or care costs where the injury has a lasting impact.
After the child turns 18, they have until their 21st birthday to start a claim themselves if no claim has already been made on their behalf. However, beginning as soon as possible is advisable, while the evidence and medical records are still current and accessible.
| Category | What It Covers | Type |
|---|---|---|
| Medical treatment | Ongoing treatment, surgery, rehabilitation, and therapy costs | Special damages |
| Care and support | Specialist equipment, home adaptations, professional or family care | Special damages |
| Lost earnings | Income lost by parents who reduce work to provide care | Special damages |
| Pain and suffering | Compensation for the injury itself and its impact on quality of life | General damages |
When does a birth injury count as negligence?
Not every poor outcome means someone was negligent. To make a successful claim, you must show that a healthcare professional owed a duty of care, breached that duty through an error or poor decision, and that the breach directly caused harm to the mother or baby.
Definition
The three-part test for birth injury negligence
First, the medical professional or team owed a duty of care, which applies automatically in almost all treatment settings. Second, they breached that duty through an error, omission, or poor decision that fell below the standard a competent professional would have provided. Third, that breach directly caused the harm suffered. All three must be established for a claim to succeed.
Negligence in these cases can take many forms. The most common patterns NHS Resolution and specialist solicitors see include the following:
- Failing to monitor the baby’s heartbeat properly during labour
- Delaying a necessary emergency caesarean section
- Misusing birthing tools such as forceps or ventouse
- Not recognising or responding to signs of foetal distress
- Administering the wrong medication or an incorrect dosage
In 2024/25, obstetric claims accounted for 11% of clinical claims reported by volume, excluding GPI, but 53% of the value of clinical claims received. NHS Resolution also reported that £1.3 billion, or 42%, of total clinical negligence payments related to maternity. This reflects the severe and often lifelong nature of some maternity-related injuries, where compensation may need to cover decades of care, treatment, equipment and support.
If you are unsure whether what happened qualifies as negligence, that uncertainty alone is a reason to seek a free, confidential assessment. A specialist solicitor can review your medical records and advise clearly on where you stand.
“Parents often tell us they are not sure if what happened counts as negligence. That is exactly why a free initial review matters. You do not need to be certain before you ask the question.”
Mohammed Rizwan Shabir
How to start a birth injury claim
Starting a claim begins with a free, confidential consultation, followed by gathering medical evidence, building the case with independent expert input, and either negotiating a settlement or proceeding to court if the claim is disputed.
Filing a compensation claim can feel daunting, particularly while you are still processing what happened to your child. At Claim Time Solicitors, we handle every step with care and clarity, so the legal process adds as little additional stress as possible.
| Stage | What Happens | Who Leads |
|---|---|---|
| 1. Free Consultation | Confidential conversation to review your circumstances and assess grounds for a claim | You & Solicitor |
| 2. Gathering Evidence | Obtaining medical records, hospital notes, and independent expert opinions | Solicitor |
| 3. Building the Case | Preparing a detailed claim showing how negligence occurred and its impact on your family | Solicitor |
| 4. Negotiation or Court | Most cases settle without court; if disputed, we represent you at every stage | Solicitor |
| 5. Compensation | Settlement tailored to your child's needs, from rehabilitation to lifelong care | Joint |
You do not need to have all the answers before reaching out. A specialist solicitor will review what you already have, advise on the gaps, and guide you through gathering everything needed to build a strong case.
What evidence helps strengthen your claim
Strong evidence is central to any claim of this kind. Useful records include medical reports, discharge summaries, written notes of what happened, photographs of visible injuries, and receipts for any related expenses.
You can help strengthen your claim by keeping the following where possible:
- Medical reports and discharge summaries from the hospital or trust
- Photographs or videos of visible injuries where relevant
- Written notes or a timeline of what happened, recorded as soon as possible
- Records of medical appointments and ongoing treatment
- Receipts for any out-of-pocket expenses connected to the birth injury
Even where the hospital has apologised or offered to investigate internally, having independent legal representation ensures the process is handled fairly and on your family’s terms, not the trust’s.
How compensation is calculated
Every claim is assessed individually. Compensation depends on the severity of the injury and its long-term impact, medical and care costs across the child’s lifetime, pain and suffering, and any loss of earnings for parents who reduce work to provide care.
Claims involving lifelong conditions such as cerebral palsy can result in significant settlements, particularly where the child will require ongoing medical or support needs throughout their life. These figures reflect the genuine cost of providing decades of care, not a windfall, but the resources needed for your child’s future.
If your birth took place under NHS care, your claim will typically go through NHS Resolution, the body responsible for handling clinical negligence cases on behalf of NHS trusts. The process can take several months or longer depending on complexity, but your solicitor will keep you informed throughout.
Compensation figures depend entirely on the specific facts, medical evidence, and long-term needs identified in each case. No outcome can be guaranteed, and a solicitor can give a clearer indication only once independent medical evidence has been reviewed.
Don't let fear stop you from claiming
Many parents worry that taking legal action means blaming individual doctors or midwives, or that it could affect their child’s future care. Neither is true. A claim is handled through NHS Resolution, separately from the clinical relationship between your family and your healthcare providers.
The process exists to ensure accountability and to help families access the financial and emotional support they need, not to punish individuals. It is confidential, and with a No Win No Fee agreement, you will never pay a penny unless your claim succeeds.
Summary
A birth injury can change a family’s life in ways that reach far beyond the delivery room. When that harm was avoidable, and when the standard of care fell below what a competent professional should have provided, the law gives families a clear right to seek compensation. That compensation is not about blame. It is about securing the resources a child needs to live as full a life as possible.
The process is handled through NHS Resolution, separately from your clinical care. It costs nothing upfront, and you do not need to be certain about what happened before you speak to a solicitor. That conversation is where clarity begins.
Key takeaways
- A birth injury includes any physical or neurological harm to a baby before, during, or shortly after delivery
- Not every poor outcome is negligence, but many birth injuries are avoidable when warning signs are recognised and acted on in time
- In 2024/25, maternity cases accounted for 53% of all NHS clinical negligence claim value, equivalent to £1.3 billion
- Parents can bring a claim on behalf of their child at any time before the child's 18th birthday, with no fixed deadline
- Once the child turns 18, they have until their 21st birthday to bring the claim themselves
- Compensation can cover medical treatment, rehabilitation, care costs, home adaptations, and lost earnings
- Making a claim does not affect your child's future NHS care
- Claim Time Solicitors handles birth injury claims on a No Win No Fee basis, with nothing to pay unless the claim succeeds
Sources & References
- NHS Resolution Annual Report and Accounts 2024/25, published July 2025. Source for £1.3 billion maternity payout figure and 11% volume, 53% value obstetric claim breakdown.
- GOV.UK, NHS Brain Injury Reduction Programme, source for the 2021 figure of approximately 2,490 babies receiving care for a birth-related brain injury in England, equating to 4.2 per 1,000 live births.
- Limitation Act 1980, ss.28 and 38, govern the time limits for bringing a birth injury claim on behalf of a child, with the three-year period suspended until the child’s 18th birthday.
- Solicitors Regulation Authority, the regulatory framework governing how Claim Time Solicitors conducts birth injury claims on a No Win No Fee basis. SRA No. 444171.
Frequently asked questions
1. What exactly is a birth injury?
A birth injury is any physical or neurological harm a baby sustains before, during, or shortly after delivery. These range from minor fractures to serious conditions such as cerebral palsy or brain injury caused by oxygen deprivation. Not every birth injury results from negligence, but many are avoidable when warning signs are recognised and acted on promptly.
2. How long do I have to make a birth injury claim?
Parents can claim on behalf of their child at any time before the child’s 18th birthday, with no fixed deadline. After turning 18, the individual has until their 21st birthday to bring a claim themselves. Starting as early as possible is recommended, as medical records and evidence are easier to gather while still current.
3. Can I claim compensation for a birth injury?
Yes, if your baby suffered harm due to medical negligence during pregnancy, labour, or delivery. You will need to show that a healthcare professional owed a duty of care, breached that duty, and that the breach directly caused the injury. A specialist solicitor can assess your situation and advise whether you have grounds for a claim.
4. Will making a claim affect my future NHS care?
No. Making a birth injury claim does not affect your or your child’s access to NHS care, now or in the future. Claims are handled by NHS Resolution, the body that manages clinical negligence cases on behalf of NHS trusts, separately from the care you receive. Pursuing a claim is a legal right, not a reflection on your relationship with healthcare providers.
5. . Do I have to pay anything upfront for a claim?
No. Claim Time Solicitors handles birth injury claims on a No Win No Fee basis. You pay nothing upfront, and if the claim is unsuccessful, you owe nothing for legal costs. If your claim succeeds, a success fee of up to 25% (including VAT) of the compensation recovered is deducted, agreed in writing before your case begins.
Glossary of Key Terms
- Duty of Care
- The legal obligation a healthcare professional owes to a patient, including during pregnancy, labour, and delivery, to provide a reasonable standard of care. This duty arises automatically in almost all treatment settings.
- Litigation Friend
- An adult, usually a parent, who manages a birth injury claim on behalf of a child under 18. The litigation friend instructs the solicitor and makes decisions in the child's best interests throughout the claim.
- NHS Resolution
- The arm's-length body that handles clinical negligence claims, including birth injury claims, made against NHS trusts in England. It investigates claims, negotiates settlements, and manages compensation payouts.
- General Damages
- Compensation for the injury itself, covering pain, suffering, and loss of amenity caused by the injury.
- Special Damages
- Compensation for financial losses connected to the birth injury, including medical treatment, care costs, equipment, home adaptations, and lost earnings.
- Limitation Period
- The legal deadline for starting a claim. For claims of this kind, this is suspended until the child's 18th birthday, after which they have three years, until their 21st birthday, to bring a claim themselves if one has not already been made.
- CFA (Conditional Fee Agreement)
- A No Win No Fee arrangement. If a claim succeeds, a success fee of up to 25% (including VAT) of the compensation recovered is deducted. Nothing is owed for legal costs if the claim is unsuccessful.
Disclaimer: This article provides general legal information about UK clinical negligence law and is not a substitute for tailored legal advice. Outcomes depend on the specific facts of each case, and no result can be guaranteed. For advice on your circumstances, please contact a member of our team. Information correct as of June 2026. Claim Time Solicitors is regulated by the Solicitors Regulation Authority (SRA No. 444171).
