Satchell Moran Solicitors
10 Dryden Road
Wavertree Technology Park
Liverpool, L7 9PG
0151 268 8282
info@satchellmoransolicitors.com
Satchell Moran Solicitors
10 Dryden Road
Wavertree Technology Park
Liverpool, L7 9PG
0151 268 8282
info@satchellmoransolicitors.com
You can bring a clinical negligence claim for a birth injury where the care provided during pregnancy, labour, or delivery fell below the standard that mothers and their babies were entitled to expect, and where that failure caused harm that would not otherwise have occurred. This includes injuries to the baby, injuries to the mother, or both. The law provides a clear route to compensation and, for many families, to an independent account of what went wrong.
Birth injury claims do not arise simply because a labour was difficult or because a complication occurred. Complications can and do arise during childbirth even when every member of the clinical team has acted with complete competence. The legal question is not whether something went wrong, but whether the team responsible for the birth met the standard of care that a reasonably competent midwife, obstetrician, or neonatologist would have provided in the same circumstances.
Where the team failed to meet that standard and the failure caused an injury that competent care would have prevented or reduced, a claim may be available. The most common failures identified in birth injury litigation include the following.
The cardiotocograph, commonly known as the CTG, monitors the foetal heart rate during labour and provides real-time information about the baby’s condition. A CTG trace showing signs of foetal compromise, including repeated late decelerations, prolonged decelerations, or loss of baseline variability, requires urgent clinical action. A failure to recognise these features, or to escalate appropriately, is one of the most commonly identified failures in birth injury claims and was specifically highlighted in both the Ockenden Review into Shrewsbury and Telford Hospital NHS Trust and the June 2026 Ockenden Review into Nottingham University Hospitals NHS Trust, which found that more than 500 mothers and babies suffered avoidable harm or died.
Where signs of foetal compromise are identified, the decision to proceed to emergency caesarean section must be made promptly. A delay in making that decision, or a delay in performing the operation after the decision has been made, can result in the baby being deprived of oxygen for a critical period. In cases where the delay allowed the brain injury to develop or worsen, the causation argument focuses on whether earlier delivery would more probably than not have prevented or substantially reduced the injury.
Shoulder dystocia occurs when the baby’s shoulder becomes impacted behind the mother’s pubic bone during delivery. It requires immediate management using recognised techniques set out in the RCOG guideline on shoulder dystocia. The first-line response is the McRoberts manoeuvre combined with suprapubic pressure. Applying fundal pressure, which pushes the baby further into the obstruction rather than relieving it, is a specifically contraindicated response. Where shoulder dystocia is mismanaged or where the mother was not warned of the risks, including the risk of Erb’s palsy, a brachial plexus injury affecting the baby’s arm, a claim may arise.
Hypoxic ischaemic encephalopathy (HIE) is a brain injury caused by oxygen deprivation around the time of birth. It occurs in approximately 1 to 3.5 per 1,000 live births at term and can cause a range of consequences from mild developmental difficulties through to severe cerebral palsy, epilepsy, and profound disability. Not every case of HIE is attributable to negligence, but where the oxygen deprivation resulted from an avoidable failure in the management of labour, a claim may be available. Where HIE is diagnosed, therapeutic cooling, which reduces the baby’s core temperature for 72 hours to limit the extent of brain injury, is now the accepted standard of care. A failure to offer cooling to an eligible baby can itself constitute negligence.
Group B Streptococcus (GBS) is carried by approximately one in five women and can be transmitted to the baby during labour, causing neonatal sepsis, meningitis, and brain injury. Where a mother is known to be GBS positive, has clinical risk factors for transmission, or has previously had a baby affected by GBS infection, intrapartum antibiotic prophylaxis should be offered. A failure to administer antibiotics where they were indicated, or a failure to recognise and treat neonatal GBS infection promptly after birth, can give rise to a claim where the baby suffers permanent harm as a result.
Birth injury claims are not limited to injuries suffered by the baby. A significant category of claims involves injuries to the mother during labour and delivery. These include third and fourth degree perineal tears that were not identified or were inadequately repaired, resulting in long-term faecal incontinence or pain, postpartum haemorrhage that was not recognised and managed with appropriate urgency, and psychiatric injury following a traumatic delivery. The mother’s claim is brought separately from any claim on behalf of the baby and is subject to its own limitation period.
The Supreme Court’s decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11, which arose directly from a birth injury case, established that clinicians must ensure patients are aware of any material risks involved in their care and of any reasonable alternatives. The High Court has confirmed that this standard applies not only to antenatal counselling but also to decisions made during the course of labour itself.
This has practical significance in a range of situations, including decisions about the use of oxytocin to augment contractions, choices between instrumental delivery and caesarean section, and the discussion of risk factors such as foetal macrosomia that may increase the risk of shoulder dystocia. Where a mother was not given adequate information to make an informed decision, and where she would have made a different choice had she been properly informed, a consent-based claim may be available independently of any question about the clinical technique used.
A baby cannot bring legal proceedings in their own name. Under the Congenital Disabilities (Civil Liability) Act 1976, a child born with a disability resulting from negligence during pregnancy, labour, or delivery has a direct right to claim compensation. This claim is brought on the child’s behalf by a litigation friend, usually a parent, who instructs a solicitor and acts in the child’s best interests.
Because the claim belongs to the child, the three-year limitation period under the Limitation Act 1980 does not begin until the child’s 18th birthday. A claim can therefore be brought at any time before the child turns 21, although in practice bringing it as early as possible gives the child the best access to interim financial support for care and therapy during the course of the claim.
Any settlement on behalf of a child must be approved by the court, which reviews the terms to ensure they properly reflect the child’s needs and are in their best interests.
The mother’s own claim is brought at common law and is subject to the standard three-year limitation period running from the date of the injury or the date of knowledge, whichever is later.
Compensation in birth injury claims is assessed across several heads. In cases involving a baby with serious permanent disability, the total value of a claim can be very substantial.
General damages cover the pain, suffering, and loss of amenity caused by the injury, assessed by reference to the Judicial College Guidelines and the individual’s specific circumstances and prognosis.
Special damages for past losses include the cost of care and therapy already provided, the value of care given by family members, private medical costs, and any other out-of-pocket expenses caused by the injury.
Future losses are typically the largest element of a serious birth injury claim and can include:
Future losses are calculated using the Ogden Tables, which apply actuarial multipliers based on age and life expectancy to convert annual costs into a capital sum. In the most serious cases, the total award can run into millions of pounds.
Interim payments are available where the claim has reasonable prospects of success and the child has immediate care or therapy needs. An application for an interim payment can be made early in the claim and provides funding before the case is resolved.
If you believe that your child or a family member was harmed by negligent care during labour or delivery, the first step is to seek specialist legal advice. A clinical negligence solicitor experienced in birth injury claims will:
Birth injury claims require both legal expertise and genuine sensitivity. At Satchell Moran Solicitors, our specialist clinical negligence team handles birth injury claims arising from a full range of intrapartum and neonatal failures, and we act on a no win, no fee basis so there is no financial barrier to finding out whether you have a claim. As a dual Lexcel accredited firm, we are committed to the highest standards of client care from the very first conversation.
If you believe that your child or a family member has suffered a birth injury as a result of clinical negligence, contact us today for an initial, confidential and no obligation conversation.
Start your claimNot automatically. Cerebral palsy can result from antenatal events, intrapartum events, or causes unrelated to the management of the birth. However, an estimated one in ten cases is associated with intrapartum events that may have been avoidable. A formal expert review of the maternity records is the only way to determine whether negligence was involved.
The three-year limitation period for a child’s claim does not begin until their 18th birthday, meaning a claim can be brought before their 21st birthday. However, acting early is strongly advisable to preserve evidence and to access interim funding for care and therapy.
Yes. The mother’s claim and the child’s claim are legally separate and can both be pursued. The mother’s claim is subject to the standard three-year limitation period and should be assessed separately.
An apology does not constitute a formal admission of legal liability. Under the Compensation Act 2006, an apology cannot be used as evidence of negligence. The claim still needs to be established through independent expert evidence, and a solicitor can advise on how the apology and any internal investigation findings are relevant to the overall picture.
The vast majority of birth injury claims are resolved through negotiated settlement before trial. Where a child is involved, any settlement must be approved by the court to confirm it is in the child’s best interests, but this approval process is different from a contested trial.
Yes. Where a baby was born alive and subsequently died as a result of negligence, the estate can bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934. Parents may also have a bereavement claim under the Fatal Accidents Act 1976. The estate generally has three years from the date of death to issue proceedings.
