One of our Medical Negligence experts specialising in birth injury claims answers a common question for parents who are concerned that mistakes during pregnancy, labour, delivery, or shortly after birth may have caused avoidable harm to their baby.
"I think mistakes were made during my baby's birth. Can I do anything about it?"
"Yes, potentially. If mistakes made during pregnancy, labour, delivery, or shortly after birth caused avoidable harm to your baby, you may be able to make a medical negligence claim. Examples can include delays in carrying out a necessary caesarean section, failures to monitor your baby's wellbeing, incorrect use of delivery instruments, or delays in diagnosing and treating complications after birth. The key question is whether the care provided fell below an acceptable standard and whether this caused your baby's injury."
Understanding your legal position
The birth of a child should be a positive experience, but when something goes wrong, the impact on both the child and their family can be profound. Parents are often left with unanswered questions about what happened, whether the outcome could have been prevented, and what support may be available for their child's future.
Not every complication during childbirth is the result of medical negligence. Pregnancy and labour can be unpredictable, and healthcare professionals are sometimes required to make difficult decisions in rapidly changing circumstances. From a legal perspective, the key issue is whether the care provided fell below the standard expected of a reasonably competent healthcare professional and whether that failure caused avoidable harm.
Birth injury claims can arise in a variety of circumstances. These may include failures to monitor a baby's heart rate during labour, delays in carrying out an emergency caesarean section, incorrect use of forceps or ventouse, failures to recognise or treat infection, delays in responding to signs of foetal distress, or failures to diagnose and manage conditions such as neonatal jaundice. In some cases, these failures can result in serious injuries, including cerebral palsy, hypoxic brain injury, brachial plexus injuries, fractures, or other long-term conditions.
To investigate whether a claim may be possible, our team can obtain and review your medical records, establish a detailed timeline of events, and instruct independent medical experts to assess whether the care your baby received met an acceptable standard and whether earlier or different treatment would likely have changed the outcome.
Compensation is intended to reflect not only the injury itself but also the lifelong impact it may have on your child and your family. Depending on the circumstances, this may include funding for specialist therapies, rehabilitation, adapted accommodation, specialist equipment, educational support, care needs, loss of earnings, and other costs associated with your child's future.
Time limits for birth injury claims can be complex. Where a claim is brought on behalf of an injured child, the three-year limitation period generally does not begin until their 18th birthday, meaning they usually have until they turn 21 to start court proceedings. However, because medical records, witness evidence, and expert investigations are often crucial in these cases, seeking legal advice as early as possible can make a significant difference. Parents or litigation friends are also able to bring a claim on behalf of a child before they reach adulthood.
If you believe mistakes during your baby's care may have caused avoidable harm, our specialist Medical Negligence team can review your circumstances and explain whether you may have grounds to pursue a claim. Call us on 0808 149 9561 for a free, no-obligation claims assessment and find out how we may be able to help.
