MEDICAL NEGLIGENCE

Calculating Compnesation For Non-Fatal Birth Injuries To The Mother

Author Trevor Ward Partner Solicitor, Head of Birth Injury Unit

Last Updated 9th July 2026

For Every Birth. For Every Baby. For Every Family.

As there are many different types of birth injuries, which can vary in severity and prognosis, the amount of compensation which is awarded in birth injury claims can differ significantly.

What this guide covers:

Types of non-fatal birth injuries to the mother (maternal birth injuries)
What is birth injury compensation in claims in maternal birth injury claims?
How is birth injury compensation calculated in maternal birth injury claims?
Calculating general damages
Calculating special damages
Other considerations when calculating birth injury compensation
Personal injury discount rate
Interest on general and special damages
Double recovery

Please note, this guide covers compensation for non-fatal birth injuries to the mother.

If your child has suffered an injury, or if you have lost your baby or a loved one, as a result of medical negligence during pregnancy, labour, delivery or shortly after birth, please see our other birth injury compensation guides below:

Calculating Compensation for Non-Fatal Birth Injuries to the Child
Calculating Compensation for Fatal Birth Injuries

Types of non-fatal birth injuries to the mother

Non-fatal birth injuries to the mother, can include:

Complications arising from pre-eclampsia
Hospital acquired infections
Avoidable physical injuries, including vaginal and perineal fissures, tears and uterine rupture
Avoidable injuries and scarring arising from a caesarean section, including internal injuries and incontinence issues
Psychological injuries, including severe anxiety, post-natal post-traumatic stress disorder and adjustment disorders
Wrongful birth and conception

*Please note that this is not an exhaustive list of all potential birth injuries. If you or child have suffered any other injury during pregnancy or birth, please contact our team of birth injury specialists to find out if you may have a claim.*

What is birth injury compensation in maternal birth injury claims?

Where a mother has suffered a birth injury, the purpose of compensation is to provide the mother, and sometimes her family members, with the financial means to access the necessary care and support which she may require, whether this be in the short or long term.

The aim, therefore, is to secure the maximum amount of compensation, in order to give the mother, the greatest chance of recovery and the best quality of life possible, following her injury.

How is birth injury compensation calculated in maternal birth injury claims?

Determining the final compensation award in any birth injury claim requires a precise and thorough evaluation of both the immediate and long-term impact upon the mother (‘the claimant’), and often their family as well.

General damages

In birth injury claims affecting the mother, general damages are awarded for the pain, suffering and loss of amenity (‘PSLA’) which the claimant i.e. the mother has suffered, as a result of the negligence.

In wrongful birth and conception claims, general damages may include the pain and discomfort related to the pregnancy and childbirth, as well as any psychological distress associated with bringing up a disabled child.

General damages will often form only one part of the overall award of compensation.

Calculating general damages

When calculating general damages for PSLA, consideration will be given to the type, severity and duration of the injury and the impact which it has had upon the claimant. Where a claimant has suffered more than one type of injury, the amount of general damages awarded, will account for all of their injuries and their impact.

Information will be gathered from the mother’s medical records, any medical expert reports and witness statements which have been obtained to ascertain factors such as the level of physical or emotional pain and discomfort it has caused the mother, and the extent to which it has impacted and limited her day-to-day life.

However, solicitors and the court will also refer to the ‘Judicial College Guidelines’, which set out estimated compensation brackets, for the value of various different types of injuries. They provide helpful guidance for both solicitors and the court when determining the appropriate amount of compensation which is to be awarded for general damages.

For example, in cases of moderately severe psychiatric injury, which may often occur following the traumatic birth of a child, the estimated compensation bracket is currently £23,270 to £66,920. Whilst for more minor injuries, such as a vaginal tear with complete recovery within 3 months, the estimated compensation bracket is currently £2,890 to £9,560.

Though, it is important to note that the guidelines are not fixed brackets, and they are only used as a starting point. The full circumstances of each individual case will always be carefully considered before reaching the final figure.

Special damages

In birth injury claims, special damages are designed to reimburse the mother, and sometimes her family members, for any actual ‘out of pocket’ expenses and financial losses, which they have incurred as a result of the negligence.

In wrongful birth and conception claims, special damages will cover the costs associated with bringing up a disabled child.

Special damages are split into two types: past losses and future losses.

Past losses are any ‘out of pocket’ expenses and financial losses which have already been incurred from the date of the injury up the date of settlement, or trial (whichever is earlier).
Future losses are any ‘out of pocket’ expenses and financial losses which are reasonably anticipated to be incurred in the future.

A birth injury compensation package will, therefore, include a comprehensive calculation of all past and future losses, arising from the birth injury.

Depending on the severity and complexity of the mother’s injury, these may include the following:

Specialist psychological or psychiatric treatment, such as trauma therapy and counselling
Specialist physical therapies, such physiotherapy
Any medical treatment and expenses not covered by the NHS, including medication and prescription costs
Care and assistance, both for yourself and your child, if you are unable to care for them
Travel expenses to and from medical or therapy appointments
Loss of earnings and future pension loss
Loss of chance for future promotion or reduced employment prospects
Loss of chance to undergo an additional pregnancy, due to physical or psychiatric injuries

In wrongful birth and conception claims, depending on the nature and severity of the child’s disability, these may include the following:

Any medical treatment and expenses not covered by the NHS, including specialist therapies and rehabilitation for your disabled child
Travel expenses to and from medical or therapy appointments for your disabled child
Educational support and specialist schooling for your disabled child
Specialist aids and equipment for your disabled child, such as wheelchairs and adapted vehicles
Accommodation and housing, whether this be adaptations made to your current home or more suitable alternative housing
Care and assistance for your disabled child, including professional carers
Loss of earnings, should you have to give up work or reduce your hours to care for your disabled child

Calculating special damages

In any type of claim, the aim of special damages is to put the claimant, or their family, in the same financial position that they would have been in, had the negligence not occurred.

As such, the law states that the claimant should not ‘benefit’ financially from the amount of compensation which they are awarded for special damages and therefore, the claimant will usually need to provide evidence in support of any special damages which they wish to claim for.

Past losses

Past losses can often be calculated using evidence, such as medical records, receipts and bills which may show the costs of things such as private counselling sessions which the mother has incurred, as a result of her injury.

Where the mother has had to take time off work or reduce her hours due to her own physical and/or psychological injuries, or to care for her disabled child, evidence may include payslips, employment contracts and bank statements to calculate any loss of income.

If a family member, such as the claimant’s partner, has had to take time off work, or provide additional care and assistance to the claimant due to her injury, or to their disabled child, it may also be possible to claim for the family member’s loss of earnings or the care which they have provided (known as gratuitous care).

This means it is very important to keep evidence of any ‘out of pocket’ expenses and financial losses which have been incurred as a result of your injury, such as receipts, invoices, bank statements, payslips etc. Though we appreciate this may not always be possible.

Future losses

Calculating future losses can be a much more complex process which requires a detailed understanding of the various medical and legal factors, particularly in cases where the mother has suffered a severe or complex birth injury.

In assessing future losses, there are a number of key considerations including the type, severity and duration of the injury, the claimant’s future prognosis, the cost of any ongoing and future care, travel and private treatment costs, any ongoing and future loss of earnings, as well as the wider impact on the claimant’s family. It is also very important to ensure that any final compensation award accounts for inflation and economic changes.

It is, therefore, crucial to obtain input from various different professionals, in order to accurately calculate any future losses. For example, where the claimant has suffered a psychological injury, medical experts such as a psychiatrist can provide an opinion on the mother’s condition, prognosis and the need for future psychiatric input/treatment. In cases where the claimant is unable to return to work, financial experts can assist with estimating costs of future loss of income, pension loss and inflation.

In cases where the claimant will likely require lifelong care or support, due to severe physical or psychiatric injury, it will also be necessary to ascertain the claimant’s estimated life expectancy, to ensure that the final compensation award is sufficient to cover all of the claimant’s medical and care needs for the entirety of their lifetime.

In wrongful birth and conception cases, all of the same factors will be taken into account, however, consideration will be given to the extent of the child’s disabilities, their future prognosis, the costs of any ongoing and future medical and care needs and their life expectancy etc. rather than the claimants.

When calculating future losses, such as care costs, specific methods will often be used, which take into account factors such as life expectancy, inflation and economic changes, to assist in accurately determining the appropriate amount of compensation.

Any evidence obtained such as medical and financial expert reports will then be used to support the amount of future losses being claimed.

Other considerations when calculating birth injury compensation

Personal injury discount rate

For any compensation which is awarded for future losses and is to be paid in the form of a lump sum, a fixed rate percentage figure, known as the ‘discount rate’, will be applied to reach the final amount payable. For example, where a mother has suffered a psychiatric injury, she may require ongoing/future psychiatric therapy, so the discount rate will be applied to the amount which is awarded to cover any future therapy costs.

The discount rate is periodically reviewed by the government, in order to try and ensure that claimants are neither under nor over compensated. This means that the final compensation amount may either be reduced or increased, depending on the applicable discount rate at the time of settlement. In January 2025, the current discount rate was set at +0.5%, meaning resulting in a slight reduction to the final compensation amount which is awarded to claimants.

Interest on general and special damages

In non-fatal birth injury claims, interest can usually be claimed on both general and special damages.

On general damages, the interest rate is set by case law which entitles the claimant to a rate of 2% per year from either from the date of service of the claim form, or by specific agreement with the defendant, until the date of settlement or trial (whichever is earlier).

On special damages, the interest rate is set by the Court Funds Office and is subject to change. The calculation of interest on special damages can be complicated, depending on whether the claimant’s losses are ongoing or finished, at the time of settlement or trial.

Double recovery

In non-fatal birth injury claims, the claimant, or a family member, will often be in receipt of state benefits due to their injury. For example, an injured mother may receive Employment and Support Allowance, if they have suffered an injury which means they are no longer able to work, or their ability to work has been impacted.

However, there is a rule against ‘double recovery’, which means a claimant cannot claim both compensation and state benefits for the same injury. Therefore, any state benefits which the claimant, or their family member, has received as a result of their injury, will be known as a ‘recoverable benefit’. However, this does not apply to any benefits which are not associated with the claimant’s injury.

The Department for Work and Pensions operates a system for recovering these recoverable benefits from the defendant and therefore, the defendant may be entitled to deduct the same from part of the claimant’s final compensation award.

Though, recoverable benefits can only be deducted from certain types of losses e.g. loss of earnings and providing they were received by the claimant in the five years following the date of their injury.

Get in touch today

Many mothers feel isolated or afraid to speak up after a traumatic birth, especially if their baby is healthy. However, you are not alone.

At Fletchers Solicitors, our experienced lawyers specialise in birth injury claims involving both physical and psychological harm, and we’ve supported hundreds of women and families through complex cases, with empathy, care and compassion.

We are committed not only to achieving justice, but also to helping our clients, to rebuild their future with confidence and support, following a birth injury.

If think that you or your child have may have suffered an injury due to medical negligence during pregnancy, labour, delivery, please contact our team who will listen to your experience and give you a free, no obligation case assessment.