Birth injuries to mother compensation claims

In most cases, you have three years from the date of the incident to bring a claim – or three years from the date you first became aware that negligence may have caused your injury. We understand that taking the first step can feel overwhelming. But acting sooner means that evidence can be gathered while details are still fresh, which gives your claim the strongest possible foundation. If you’re unsure whether you’re still within the time limit, speak to us and we will advise you.

To succeed in a claim, we’ll need to show that your medical team breached their duty of care and that this breach caused your injury. The key evidence in a birth injury claim typically includes your full maternity and medical records, an independent expert opinion from a specialist in obstetrics or the relevant field, and any records of treatment you received or continue to need as a result of your injury. You don’t need to gather this yourself – your solicitor will gather the records and contact the appropriate experts on your behalf.

No. Making a compensation claim will not compromise your future access to NHS care. You’ll continue to be entitled to the same standard of care as any other patient.

Yes. If you experienced a traumatic birth as a result of negligent care and this caused psychological harm – such as PTSD, postnatal depression, or anxiety,you may be entitled to claim. Birth trauma is a medically recognised condition, and its impact on a mother’s life can be profound. A successful claim can include compensation for psychological injury alongside any physical harm.

Many mothers feel uncertain about this, particularly in the aftermath of a difficult birth. It is your solicitor’s role – not yours – to investigate and prove whether negligence occurred. All you need to do is share your experience with us. We’ll review the circumstances, obtain your medical records, and advise you honestly on whether you have a claim.

Each case is assessed on its own facts. In some situations, a concept known as contributory negligence – which means you were partly at fault – may be relevant. If there was contributory negligence, it doesn’t mean you can’t make a claim. But it could affect the level of compensation awarded. Speak to one of our solicitors and we’ll talk through the circumstances of your case.

It’s very unlikely. Fewer than 1% of clinical negligence claims go to court. Our solicitors manage the entire claims process on your behalf, and the vast majority of cases are resolved through negotiation and settlement.

Compensation is calculated based on the physical, psychological, and emotional impact of your injury, as well as the practical financial consequences – including lost earnings, the cost of treatment and rehabilitation, future care needs, and any other expenses caused by the negligence. Every case is different, and the amount awarded will reflect the severity and long-term effects of your specific injuries.

We handle all birth injury to mother compensation claims on a No Win, No Fee basis. This means you can pursue your claim without any financial risk. If your claim is unsuccessful, you won’t be charged for our work. We’ll explain the funding arrangements clearly before you start your claim.