Birth Injury Claims Solicitors
The birth of a child should be one of the most joyful moments of your life. When something goes wrong during pregnancy, labour, or delivery, the consequences can be devastating and long-lasting for your whole family. Whether your child has been left with a serious condition, or you suffered significant harm yourself during childbirth, you deserve to understand whether that harm was avoidable and what your options are.
At JNP Legal, our medical negligence solicitors understand the emotional weight these situations carry. We provide clear, compassionate support to families considering a birth injury claim, guiding you through the legal process with sensitivity and expertise.
Our experienced team handles birth injury cases on a no win, no fee basis, so you can explore your options without financial risk.
Contact our birth injury solicitors in Merthyr Tydfil, Cardiff, Nelson and Pontyclun
If you need help or advice, our birth injury solicitors are here to assist. We are a regional law firm with offices in Merthyr Tydfil, Cardiff, Nelson and Pontyclun.
Please email us at law@jnplegal.org or call us on the number specific to the office closest to you. Alternatively, fill out our enquiry form and we will respond to you quickly.
What is a birth injury claim?
A birth injury claim is a type of medical negligence claim brought when avoidable harm occurs to a baby or mother during pregnancy, labour, or shortly after delivery. If the care provided by a midwife, obstetrician, or other healthcare professional fell below the standard expected, and that failure caused or contributed to an injury, you may be entitled to birth injury compensation.
Claims can be brought against NHS trusts or private healthcare providers. As we explain in more detail in our article on bringing a claim against the NHS, the NHS is not beyond challenge when care has fallen short.
Types of birth injuries we can help with
Cerebral palsy claims
Cerebral palsy is one of the most serious conditions associated with birth injury negligence. It can occur when a baby’s brain is deprived of oxygen during labour or delivery, or when infections and complications are not managed promptly.
Cerebral palsy claims are often complex and high value. We work closely with specialist medical experts to build well-evidenced cases on your behalf.
Erb’s palsy and brachial plexus injuries
Erb’s palsy results from damage to the brachial plexus nerves, which control movement in the arm and shoulder. It is often caused by excessive force or poor technique during delivery, particularly in cases involving shoulder dystocia.
Our solicitors can assess whether the manner of delivery fell below an acceptable standard and advise you on your options.
Hypoxic-ischaemic encephalopathy (HIE) and brain injury at birth
Hypoxic-ischaemic encephalopathy (HIE) occurs when a baby’s brain is deprived of oxygen and blood flow around the time of birth, potentially leading to long-term cognitive, physical, and developmental difficulties.
Many HIE cases in England fall within the NHS Early Notification Scheme, which requires NHS trusts to investigate serious brain injuries at birth. We can advise you on whether this applies to your case and how this interacts with your right to bring a claim.
Stillbirth and neonatal death claims
Losing a baby is an unimaginable grief. If you believe a stillbirth or neonatal death could have been avoided with appropriate care, our team will handle your case with the utmost sensitivity.
We can help you understand whether there were failings in monitoring, management, or intervention, and support you through the legal process at every stage.
Birth injuries to the mother
Mothers can also suffer serious harm during labour and delivery, including severe perineal tears, prolapse, bladder or bowel damage, surgical injury during caesarean section, and significant psychological harm such as post-traumatic stress disorder (PTSD).
If you were not given appropriate care, information, or treatment, you may have grounds to bring a claim in your own right.
Wrongful birth and missed antenatal diagnosis
If a healthcare professional failed to identify a foetal abnormality during antenatal screening, or provided negligent advice that affected your reproductive choices, this may give rise to a wrongful birth claim. Our team can advise on whether the care you received met the required standard.
Common causes of birth injury negligence
Birth injuries can result from a wide range of clinical failures. Common causes include:
- Failure to monitor foetal heart rate correctly during labour
- Delayed or wrongly refused emergency caesarean section
- Failure to identify or manage shoulder dystocia appropriately
- Misuse of forceps or ventouse during assisted delivery
- Failure to detect or treat infection in the mother or baby
- Inadequate management of high-risk pregnancies
- Poor communication between medical teams during labour
Who can make a birth injury claim?
Parents or legal guardians can bring a birth injury claim on behalf of a child who has suffered harm. Anyone under the age of 18 cannot bring a claim in their own right, but they can do so if a parent or other responsible adult acts as a litigation friend throughout the process.
Mothers who suffered injuries during childbirth can bring their own claims as individuals. In cases involving the death of a baby, family members may also have grounds to make a claim.
Time limits for birth injury claims
Time limits in birth injury cases differ depending on who is claiming:
- Claims on behalf of a child: Time does not run against a child. A claim can be brought at any point before the child’s 21st birthday. However, acting early while evidence and memories are fresh is strongly advisable, and this can ensure that the injured child has access to the care, therapies and equipment they need as soon as possible.
- Claims by the mother: The standard three-year limitation period applies, running from the date of injury or the date you became aware (or should reasonably have been aware) that the harm may have been caused by negligence.
If you’re unsure whether you’re within the time limit, please contact us. Early legal advice is always recommended.
How much compensation could you receive?
The value of a birth injury claim depends on the nature and severity of the injuries, their long-term impact, and the financial losses flowing from them. Compensation is generally made up of two elements:
- General damages: For the injury itself, including pain, suffering, and loss of amenity
- Special damages: For financial losses such as care costs, therapies, loss of earnings, specialist equipment, and home adaptations
In cases involving a seriously injured child, settlements can be substantial and may need to be managed carefully. Where a settlement is reached on behalf of a child (or where the child has reached adulthood but remains a protected party), any settlement will require approval of the Court. Our Wills, trusts and probate solicitors can advise on Trust arrangements to protect and manage compensation received on a child’s behalf. We will give you a realistic assessment of the likely value of your claim during our initial discussions.
The birth injury claims process with JNP Legal
- Free initial consultation: We’ll listen to your experience, explain your options, and advise on whether you have a potential claim, with no obligation to proceed.
- Obtaining medical records: We gather all relevant records from the hospital, midwifery team, and any other healthcare providers involved in your care.
- Independent medical review: Specialist experts review the records and provide an independent opinion on whether the care was negligent and whether it caused the harm suffered.
- Letter of claim: If the evidence supports a claim, we send a formal letter of claim to the relevant NHS trust or healthcare provider.
- Investigation and response: The defendant investigates and responds to the claim.
- Settlement or court proceedings: If a fair settlement cannot be reached, we’ll issue court proceedings and represent your interests throughout the litigation process.
Funding your claim – no win, no fee
We understand that financial concerns can feel like a barrier to seeking legal advice. No-win, no-fee arrangements, formally known as Conditional Fee Agreements, are available for qualifying cases. Where these apply, you won’t pay our legal fees if your case is unsuccessful. Before you start your claim, we’ll explain exactly how this works and what costs, if any, may apply.
Why choose JNP Legal for your birth injury claim?
Our medical negligence team combines specialist legal knowledge with a genuinely caring approach, working hard to take as much of the burden off your shoulders as possible.
As a firm, we hold the Law Society’s Lexcel quality mark and are accredited members of the Association of Personal Injury Lawyers, reflecting our commitment to high standards of client care and practice management. We also offer home visits for those who find it difficult to attend in person.
We’ll keep you informed at every stage, explain complex medical and legal matters in plain English, and work to secure the best possible outcome for you and your family.
Frequently asked questions about birth injury claims
What counts as a birth injury?
A birth injury is any harm suffered by a baby or mother during pregnancy, labour, or delivery that may have been caused or worsened by substandard medical care. This includes physical injuries, brain injuries, psychological harm, and in the most tragic circumstances, stillbirth or neonatal death.
How long do I have to make a birth injury claim in the UK?
This depends on who is claiming. See the time limits section above for full details.
Can I sue the NHS for birth trauma?
Yes. NHS trusts can be held legally responsible when care falls below an acceptable standard and causes harm. You can read more about this in our article on bringing a claim against the NHS.
How much compensation could a birth injury claim be worth?
This depends on the severity and long-term impact of the injuries. See the compensation section above for how this is assessed.
How long does a birth injury claim take?
Birth injury claims are often complex and can take several years to resolve, particularly where a child’s long-term prognosis needs time to become clearer. We’ll work as efficiently as possible and keep you updated at every stage.
Will I have to go to court?
The majority of birth injury claims are resolved through negotiation and don’t reach a final court hearing. If a fair settlement cannot be agreed, however, we’ll represent you fully in court proceedings and guide you through each step.
Additionally, if a settlement is reached on behalf of an injured child (or when the child has reached adulthood but remains a protected party), any settlement will require the Court's approval.
Do you offer no win, no fee for birth injury claims?
Yes, no win, no fee arrangements are available for qualifying cases.
Can I claim if my baby was stillborn or died shortly after birth?
Yes. If you believe a stillbirth or neonatal death was caused or contributed to by negligent care, you may have grounds for a claim, and we’ll handle it with the greatest sensitivity.
Contact our birth injury solicitors in Merthyr Tydfil, Cardiff, Nelson and Pontyclun
If you need help or advice, our birth injury solicitors are here to assist. We are a regional law firm with offices in Merthyr Tydfil, Cardiff, Nelson and Pontyclun.
Please email us at law@jnplegal.org or call us on the number specific to the office closest to you. Alternatively, fill out our enquiry form and we will respond to you quickly.