Birth injury lawyers and long-term care

Injuries caused during delivery and labour can have a lifelong impact on you and your child. When a birth injury is the result of medical negligence, working with an experienced birth injury lawyer can help you secure the compensation, answers, and support your family needs for the future. In this guide we will share:  

• What a birth injury lawyer does and how they support families 
• How birth injury lawyers handle birth injury claims from start to finish 
• The types of birth injury cases we take on for parents and children 
• How compensation can support medical care, rehabilitation, and long‑term planning 

If you believe your child’s injury could have been prevented, you don’t have to face this alone. Speak to a birth injury lawyer to explore your options and understand your rights. 

When should you speak to a birth injury lawyer?

You should speak to a birth injury lawyer if you have concerns about how labour or delivery was handled, especially where your baby was injured or later diagnosed with a condition linked to birth. You should seek legal advice if there were:  

• delays in treatment 
• failure to respond to foetal distress 
• misuse of delivery instruments 
• a lack of clear explanations from medical staff 

Even if you’re unsure whether negligence occurred, an early conversation can help you understand what happened, your child’s long‑term care needs, and whether compensation may be available. There’s no obligation to proceed with a claim but speaking with our birth injury lawyers is simply a way to get clarity and reassurance for your family. 

What does a birth injury lawyer do? 

The role of a birth injury solicitor is to provide expert legal representation to families who have been affected by a birth injury.   This process can be broken down into the stages below. 

Investigating what happened 

To understand the cause of a birth injury, our team will: 

• Review maternity and neonatal medical records 
• Build a detailed timeline of events 
• Consult independent medical and specialist experts 
• Identify any negligence, malpractice, or failures in care 

We take these actions with an aim to establish whether the injury could and should have been prevented. 

Keeping you informed 

Throughout your case, your birth injury solicitor will keep you updated at every stage, ensuring you understand what’s happening and what to expect next. 

Building a claim for long‑term support 

We work closely with you and your family to build a tailored claim for compensation that reflects your child’s needs. This may involve collaboration with: 

• Independent medical specialists 
• Case managers 
• Therapists and rehabilitation experts 
• Child development professionals 

Compensation is calculated to support long‑term care, therapies, equipment, education, and family support. Your solicitor then negotiates a settlement with the responsible medical body, with the objective of securing your child’s future and giving your family financial stability. 

How our birth injury solicitors handle your case 

When you first approach us with a birth injury case, our first step is to carefully understand the nature of the injury and its severity, determine why the injury happened in the first place and identify where the responsibility lies.

Investigating what went wrong 

We begin by building a clear, detailed picture of what happened before, during, and after delivery. 

This involves: 

• Establishing a full timeline of events
• Identifying all medical professionals involved, including midwives, nurses, obstetricians, and consultants
• Assessing training, experience, and supervision of staff
• Reviewing how information was communicated within the medical team

Effective communication is critical during childbirth. We examine whether key information, such as signs of foetal distress, were identified, escalated, and acted upon appropriately and without delay.

By examining both individual actions and the broader chain of care, we ensure no potential failures are overlooked.

Proving negligence 

Once we understand what happened, we assess whether the care provided fell below reasonable medical standards.

This stage focuses on:

• Whether national and local clinical protocols were followed
• How the medical team responded to complications or emergencies
• Whether delays, errors, or misjudgements worsened the outcome
• Whether relevant medical history or risk factors were properly considered

We work with independent medical experts who review the records and timeline to determine whether earlier or different decisions should have been made—and whether those failures materially contributed to the birth injury.

Building your compensation claim 

If negligence is established, we link the injury directly to your family’s present and future financial needs.

Your solicitor will work with medical, financial, and care experts to calculate compensation that reflects:

• Your child’s life expectancy and quality of life
• Ongoing medical treatment, therapies, and equipment
• Case management and professional caregiving
• Housing adaptations and mobility support
• Education needs and loss of future earnings
• The impact on parents’ employment, income, and pensions
• Long‑term care when family support is no longer possible

While compensation cannot change the events that caused your baby’s injury, it can provide security, access to specialist care, and vital support throughout your child’s life. In the most tragic cases, where a child has passed away, claims are handled with sensitivity and focus on the family’s emotional loss and suffering.

What compensation covers in birth injury claims

Birth injury compensation is designed to support your child and your family, not just immediately after the injury, but throughout your child’s life. The goal is to provide stability, access to care that maximises your child’s quality of life.

Every claim is tailored to the individual, but compensation may cover:

• Lifetime care and support
• Therapy and rehabilitation
• Specialist Equipment
• Housing Adaptations
• Loss of earnings

Birth injury compensation is not about assigning blame but about ensuring your child has access to the support and opportunities they will need both now and in the future. By addressing the reality of costs from a birth injury, compensation can help remove financial barriers and allow your family to focus on what matters most; your child’s care.

Long-term care after a birth injury  

A birth injury can create lifelong needs that change as your child grows. Long‑term care focuses on providing consistent, coordinated support that adapts over time to ensure your child’s health, development, and wellbeing are properly supported at every stage of life. 

Medical care 

Long‑term medical care is often central following a birth injury. Depending on the nature and severity of the injury, this could include: 

• Ongoing treatment and monitoring by specialist doctors 
• Management of complex or chronic conditions 
• Medication, medical interventions, and specialist clinics 
• Access to private medical care where NHS provision is limited or delayed 

Care plans must remain flexible, as your child’s medical needs may increase, stabilise, or change as they grow. 

Educational and developmental care 

Birth injuries can affect learning, communication, and development and will differ between children. Long‑term educational support may involve: 

• Early intervention and developmental therapies 
• Support within mainstream education or specialist schooling 
• One‑to‑one classroom assistance and tailored education plans 
• Specialist equipment, technology, or learning aids 

As your child reaches adolescence and adulthood, this may also extend to further education, vocational training, or supported employment planning. 

Emotional and psychological care 

The emotional impact of a birth injury can affect the entire family so this care does not just apply to the child, and can include therapy or counselling for the child at different stages of development and support for parents and siblings coping with stress, trauma, or grief. Addressing emotional wellbeing alongside physical needs is essential for long‑term quality of life. 

The role of case managers 

Case managers play a vital role in coordinating long‑term care after a birth injury. They act as a central point of contact, helping ensure all aspects of care work together effectively. They are able to assess your child’s needs at different stages and arrange appropriate therapies and support workers.  

This coordinated approach reduces pressure on families and ensures care remains appropriate and responsive over time. 

Ongoing and future support needs 

Long‑term care planning considers not just current needs, but future ones as well. This includes: 

• Preparing for increasing or changing care requirements 
• Planning for adulthood and long‑term independence or supported living 
• Ensuring care continues when family members are no longer able to provide support 
• Reviewing and adapting care plans as circumstances change 

A robust long‑term care plan helps ensure stability, continuity, and dignity for your child long into the future. 

What is a birth injury? 

A birth injury is a physical or medical harm caused to a newborn baby or a mother during labour and delivery. Sometimes, these injuries are, unfortunately, the result of complications, negligence or medical errors during childbirth. Our birth injury lawyers are experienced in supporting families who have been affected by a range of birth injuries, including cerebral palsy, erb’s palsy, and brain injury at birth.  

The types of birth injury claims we deal with  

H2: The types of birth injury claims we deal with   

Neurological and developmental disorders 

This includes claims for conditions like hypoxic ischemic encephalopathy, Cerebral Palsy, Erb’s Palsy, and Klumpke’s Palsy. These conditions often arise as a result of a birth injury and affect a child’s physical development and neurological system.   

Medical and surgical errors 

These include situations where there has been a medical oversight or a surgical mistake during childbirth. This could include the wrong selection of surgical procedures, errors in performing a C-section, and mishandling of surgical tools.    

Wrongful birth claims 

A wrongful birth claim can occur when parents are not told of a significant genetic or congenital condition during pregnancy that would have led to them terminating the pregnancy.   

Injuries to mothers 

We represent mothers who have suffered a physical injury during childbirth as well as supporting them through claims regarding the trauma they have suffered. 

Pregnancy and birth-related complications 

We handle cases where complications like hypoglycaemia, pre-eclampsia, hypotension, intrauterine growth restriction, placental abruption and placenta previa have occurred.  

Experts in complex birth injury cases 

With one of the largest and most respected birth injury teams in the UK, our lawyers consistently handle complex and high-value birth injury claims – including those involving cerebral palsy, brain injury at birth, kernicterus, obstetric negligence, and neonatal hypoglycaemia.  

These kinds of cases usually require long term, multidisciplinary evidence (medical, developmental, therapeutic etc.) and often involve lifelong care and support needs.   Our experience allows us to manage this complexity and build claims that reflect the full, long‑term impact on children and their families. 

From the outset, Fletchers provides senior specialist legal guidance. Each family is assigned a single point of contact with a senior birth injury specialist, who manages the case from early investigation through to settlement or trial, ensuring continuity, clarity, and effective case strategy throughout. 

Recognised by The Legal 500, Chambers & Partners, the Law Society Clinical Negligence Panel, and AvMA’s Specialist Clinical Negligence Panel, our lawyers work tirelessly to secure the compensation needed to support lifelong care and the best possible future for injured children. 

Birth injury cases we’ve handled  

£14.6 million awarded in cerebral palsy case 

A child (Baby X) was awarded £14.6 million in compensation following a birth injury that led to cerebral palsy. Medical staff failed to correctly interpret a CTG trace during labour; as a result, they didn’t recognise that the baby was in distress. There was also a delay in performing a caesarean section.  

Baby X cannot speak, dress, or feed himself without assistance and will need full support for everyday tasks for the rest of his life.  

The High Court award of £14.6 million is one of the highest in a UK cerebral palsy case. The amount is intended to cover all of Baby X’s future care and support needs. 

Inadequate medical oversight  

In a distressing case, the parents of a baby boy approached us after he had suffered serious birth injuries, which included deafness and cognitive impairments. A combination of prolonged umbilical cord compression and hypoxia caused his disabilities.   

We took the case to the High Court, where it was revealed that midwives at Royal Preston Hospital did not accurately monitor the baby’s heart rate. They were also found to have altered medical notes.   

Had these issues been spotted, the delivery of the child would have been brought forward, meaning that he would have avoided the injury to his brain.  

Injury caused by the use of forceps  

In another critical case, a baby girl was delivered at North Middlesex University NHS Trust with the assistance of forceps. This use of forceps unfortunately resulted in a left-side Brachial Plexus Palsy, commonly known as Erb’s Palsy.   

Born in otherwise good condition, her left arm was noticeably weak and limp. The family reached out to us in May 2014 for help. The case could not be settled immediately because the girl hadn’t reached full skeletal maturity. However, our team’s detailed medical record analysis and consultation with experts over the next four years led the Trust to acknowledge their part in causing the injury.  

The impact on the girl’s life has been profound, affecting her ability to engage in normal childhood activities. She requires ongoing assistance for basic daily tasks. In May 2021, the court approved a settlement of £320,000, which she can access when she turns 18.  

Brain damage at birth led to death  

In a profoundly sad case, the parents of a newborn boy lost their child only a week after his birth at Lancashire Teaching Hospitals NHS Trust. The cause of death was determined as Hypoxic Ischaemic Encephalopathy, where the brain is deprived of adequate oxygen and blood flow.  

Our investigation highlighted a critical failing in childbirth care. The child’s parents believe that, had their boy been delivered a day earlier, his brain injury may have been averted. They argued that CTG (cardiotocography) traces, used to monitor the baby’s heartbeat and uterine contractions, were not only abnormal but that the medical staff had misinterpreted the readings.  

Had they been correctly interpreted, the medical team would have been alert to their child’s foetal distress, which would have resulted in an immediate emergency caesarean section. They received a £30,000 settlement, but they achieved their true goal – understanding the real reason for their loss and the ability to move one step nearer towards closure.  

How Fletchers handles birth injury claims  

Parenting is one of life’s greatest gifts and most demanding challenges. Birth injuries present families and carers with an additional set of enduring challenges. Their lives will be forever affected by it, as will the life of their child.  

Our team of experienced birth injury solicitors will perform a detailed and forensic analysis of what happened when your child was born. We’ll investigate medical records, assess the performance and decision-making of the midwifery obstetric and paediatric staff and record your recollection of events.   

Our solicitors also work with some of the country’s leading medical experts to establish the facts in your case. We’ll exhaust every avenue to ensure the truth is established and that you and your family will be compensated if there was a fault. We’ll also take every step to ensure that the agreed-upon settlement covers your child’s long-term care needs.  

Fletchers provide families with help that extends beyond the courtroom. We connect you to medical specialists from paediatric physiotherapists and speech and language therapists. We introduce you to some of the country’s leading occupational therapists who will help your child to recover and grow.  

Parbeen Alamgir is a Partner and Senior Birth Injury Solicitor at Fletchers. She adds:

“Behind every birth is a family whose whole world has been turned upside down – and they deserve answers, clarity and expert support. Every birth injury case we deal with is deeply personal.

At Fletchers, we bring decades of experience in handling the most complex and sensitive cases, from cerebral palsy to rare neonatal conditions. We work alongside the UK’s leading medical experts to uncover the truth and build each case with compassion and precision. We are not just pursuing compensation – we are fighting for a child’s future and a family’s peace of mind. These are complex, life-altering events and our role is to guide families with expertise, empathy and unwavering commitment. We take great responsibility to ensure the right level of damages/compensation is secured as the outcome can shape the rest of a child’s life.

Our clients aren’t just cases – they are families facing an unimaginable future and our job is to make sure they don’t face it alone.”

Speak to a birth injury lawyer for advice 

If you have concerns about your child’s injury or questions about what happened during labour or delivery, speaking to a birth injury lawyer can help you make sense of your options. A confidential conversation can give you clarity on whether the care you received met acceptable standards and what support may be available. 

We offer a free, no‑obligation consultation, allowing you to talk through your situation, ask questions, and understand possible next steps at your own pace. This is an opportunity to receive clear, compassionate advice and decide what feels right for you and your family. Speak to a birth injury lawyer for advice today.