If your baby suffered an injury during pregnancy, labour or delivery because of negligent medical care, you may be able to claim compensation. Birth injury claims are among the most complex and highest-value clinical negligence cases in the UK. Common injuries include cerebral palsy caused by oxygen deprivation, Erb’s palsy from nerve damage during delivery, and brain injuries from delayed intervention. The claim is usually against the NHS Trust, handled by NHS Resolution. For the child, there is no limitation deadline until the child turns 21.
Birth injury claims are a specialist area of medical negligence. Not every difficult birth or complication is the result of negligence — childbirth carries inherent risks. But where the standard of care provided by midwives, obstetricians or other staff fell below what was reasonable, and that caused or materially contributed to an injury, there can be a strong claim. These cases often involve lifetime care needs and substantial compensation to secure the child’s future. This guide explains the key issues. We are an independent information service, not a law firm.
Common birth injuries
| Injury | Typical cause |
|---|---|
| Cerebral palsy (hypoxic-ischaemic encephalopathy) | Oxygen deprivation during labour, often linked to failure to monitor the foetal heart rate, delayed decision to perform a caesarean section, or failure to act on signs of foetal distress |
| Erb’s palsy (brachial plexus injury) | Excessive traction on the baby’s head or shoulder during a difficult delivery, especially shoulder dystocia |
| Other brain injuries | Delayed delivery, failure to detect and treat neonatal infections such as Group B Streptococcus, cord prolapse not acted on in time |
| Maternal injuries | Severe perineal tears (third or fourth degree) not identified or repaired properly, surgical complications, post-partum haemorrhage not managed in time |
| Psychological harm | Birth trauma leading to PTSD, depression or anxiety in the mother, caused or worsened by negligent care |
Proving a birth injury claim
Birth injury claims follow the same legal structure as other clinical negligence cases, but the medical evidence is particularly complex:
- Breach of duty. The care team’s actions are measured against the standard of a reasonably competent practitioner in that role. Common allegations include: failure to interpret CTG (cardiotocography) traces correctly, delay in escalating to a senior obstetrician, delay in proceeding to emergency caesarean section, and mismanagement of shoulder dystocia.
- Causation. Even if the care was substandard, you must show it caused the injury. In cerebral palsy cases, this is often the hardest element — establishing that earlier intervention would, on the balance of probabilities, have prevented the brain damage. Multiple medical experts (obstetric, neonatal, neuroradiology) are usually involved.
NHS Resolution and the Early Notification scheme
NHS Resolution handles clinical negligence claims against NHS bodies in England. It runs the Early Notification (EN) scheme, which proactively investigates certain severe brain injuries at birth. If a baby born at 37 weeks or later suffers a potentially severe hypoxic brain injury confirmed on MRI, the scheme investigates early — aiming to determine whether negligence occurred and, if so, to admit liability and arrange interim support faster than a traditional claim. Families are contacted directly and do not need to issue court proceedings to benefit, though they can instruct their own solicitor throughout.
✓ You can still instruct a solicitor
Even if NHS Resolution contacts you through the Early Notification scheme, you have the right to instruct your own independent solicitor. A specialist birth injury solicitor can ensure your family’s interests are fully represented and that any settlement reflects the child’s lifetime needs.
Time limits
For an injury to the child, the three-year limitation period does not begin until the child turns 18, giving a deadline of the child’s 21st birthday. If the child lacks mental capacity to manage their own affairs (which is common in severe cerebral palsy cases), there is no time limit at all — a claim can be brought on their behalf at any time by a litigation friend.
For a separate injury to the mother (physical or psychological), the mother’s own three-year limit usually runs from the date of the birth or from her date of knowledge. Because the mother’s and child’s claims have different deadlines, it is important to get advice early. See our time limits guide and our page on claiming for a child.
What compensation covers
Birth injury compensation, particularly for cerebral palsy, is among the largest in personal injury law because it must cover the child’s lifetime needs. General damages compensate for the child’s pain, suffering and loss of amenity. Special damages can include the cost of adapted housing, specialist equipment, therapy, education support, full-time care, and lost future earnings. Compensation is often structured as a combination of a lump sum and periodical payments (annual payments for life, linked to care-cost inflation) to ensure the child is provided for. See how compensation works.
Getting help
We are not a law firm. We do not take on claims, sell your details or recommend particular firms. Birth injury claims require a solicitor with specialist clinical negligence experience. Use the Solicitors Regulation Authority register, the Law Society “Find a Solicitor” service (filter by clinical negligence) and the Action against Medical Accidents (AvMA) charity, which can signpost you to specialist help. Citizens Advice provides free, impartial guidance.
Frequently asked questions
Can I claim if my baby was injured during birth?
You may be able to if the injury resulted from negligent care during pregnancy, labour or delivery. You need to show the medical team's care fell below a reasonable standard and that this caused or materially contributed to the injury. An independent medical expert reviews the records and gives an opinion on both breach and causation. Not every birth complication is negligence, but where the standard of care was not met, a claim can succeed.
How long do I have to claim for a birth injury?
For an injury to the child, the three-year limitation period does not start until the child turns 18, so the claim can be brought at any time up to the child's 21st birthday. For a separate injury to the mother (physical or psychological), the mother's own three-year limit usually runs from the date of the birth or from when she first knew something was wrong. There is no time limit at all if the injured person lacks mental capacity to manage their own affairs.
What is NHS Resolution's Early Notification scheme?
The Early Notification scheme is run by NHS Resolution and proactively investigates specific types of brain injury at birth. If a baby born at 37 weeks or later suffers a potentially severe brain injury confirmed on MRI, the scheme investigates early to determine whether negligence occurred, and if so, to admit liability and arrange compensation and support sooner than a traditional claim. Families are contacted and do not need to issue legal proceedings to benefit, though they can still instruct a solicitor.
Who do I claim against for a birth injury?
Most birth injury claims are against the NHS Trust (or Health Board in Scotland/Wales) where the care was provided. NHS Resolution handles clinical negligence claims against NHS bodies in England. In Scotland, claims go through the Central Legal Office. In Northern Ireland, the relevant Health and Social Care Trust responds. If the care was at a private hospital, the claim is against that hospital or the individual clinician's insurer.
Can the mother also claim for her own injuries?
Yes. If the mother suffered a physical injury (such as a severe perineal tear, surgical complications or haemorrhage) or psychological harm (such as PTSD or birth trauma) caused by negligent care, she has her own separate claim. The mother's claim has its own three-year time limit running from the birth or date of knowledge.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — accredited clinical negligence specialists
- Action against Medical Accidents (AvMA) — charity helpline for clinical negligence
- NHS Resolution — Early Notification scheme information
- Citizens Advice — free, impartial guidance
Related guides: medical negligence claims, claiming for a child, brain injury claims, how to make a claim and no win, no fee explained.