Obstetric negligence claims

When something goes wrong during pregnancy, labour, or delivery, the impact on your family can be profound. Our specialist birth injury team is here to guide you through every step.

GET IN TOUCH 0330 175 8740

Trustpilot
TOP-RANKED LEGAL EXPERTS CHAMBERS & LEGAL 500
NO WIN, NO FEE

Author

Trevor Ward

Partner Solicitor, Head of Birth Injury Unit

Reviewer

Sahida Patel

Partner, Birth Injury Team Lead

Last Updated

17th July 2026

Can I make an obstetric negligence claim?

Obstetric negligence claims can be made when a doctor, midwife, or other healthcare provider made a mistake or provided substandard care during pregnancy, labour, or the period immediately after birth. It must also be proven that this failure caused harm to you, your baby, or both.

You may be able to make a claim if your baby suffered harm such as oxygen deprivation during labour, nerve damage caused by excessive force during delivery, or a condition that was missed or not treated promptly after birth.

Claims relating to injuries to the mother, including vaginal tears that were not properly managed, incorrect placement of an epidural, anaesthetic awareness, or psychological trauma following a difficult birth, may also be valid.

Even if you are unsure whether what happened amounts to negligence, or if some time has passed since the birth, it’s still worth speaking to us. In most cases involving a child, you have until their 21st birthday to bring a claim, though we always recommend starting the process as early as possible to allow time for investigation and evidence gathering. Adults who lack mental capacity are generally not subject to the usual time limits, but we recommend seeking legal advice to confirm. We will listen carefully to what happened, explain your options clearly, and tell you honestly whether we think you have a case.

Example of an obstetric negligence claim

A mother is in labour when the foetal heart rate monitoring shows signs of distress, but the medical team delays taking action. As a result, the baby is deprived of oxygen during delivery and is later diagnosed with cerebral palsy. If the delay in intervention fell below the standard of care expected of a competent obstetric team, this could form the basis of a valid obstetric negligence claim.

Related obstetric negligence claims we support

Expertise you can trust

9/10 clients would recommend us
AVMA Panel Members
Securing interim payments to ensure early access to support

What compensation can help with

Young woman wrapped in blanket in therapy session with another woman

Securing the care, support, and financial security your family.

Obstetric negligence compensation is not solely designed to acknowledge what happened to you. It’s also in place to ensure you and your family have adequate financial support to access the right care and rebuild your lives, whether that means specialist treatment for your child, ongoing support for you as a mother, or practical help for your family.

The impact of obstetric negligence can span decades. A baby diagnosed with cerebral palsy or a serious brain injury will need support throughout their life. A mother living with chronic pain, nerve damage, or PTSD following a traumatic birth faces her own long-term challenges. Compensation addresses both, covering costs that arise immediately and those that will continue.

Successful obstetric negligence claims may help fund:

Specialist medical treatment, therapies, and rehabilitation for your child or yourself
Ongoing care and support needs, including full-time care where required
Specialist equipment, aids, and adaptations to your home
Educational support and specialist schooling where a child’s development is affected
Psychological support and counselling for mothers and families
Loss of current earnings and future earning capacity
Travel and transport costs related to treatment and ongoing care
Support with day-to-day living costs where a parent or child can no longer manage independently

Understanding the potential value

The value of an obstetric negligence claim depends on the severity and long-term impact of the injury, the level of care and support required, and how the harm has affected your ability to work and live independently. Cases involving serious, lifelong conditions, such as cerebral palsy or significant brain injury, can result in multi-million-pound settlements. Higher compensation reflects the lifetime costs of care, therapy, equipment, and lost earnings. Every case is different, and we will work with you to build a full picture of the impact on your family so that any settlement reflects your needs.

Understanding interim payments

Waiting for a claim to conclude can place real financial strain on your family, particularly when care and support are needed urgently. Where possible, we will apply for interim payments on your behalf. These are payments made during the claims process, before the final settlement is reached, and can be used to fund immediate care, specialist equipment, or home adaptations. You should not have to wait until the end of your claim to access the support your child or family needs.

Specialist obstetric negligence solicitors

Our specialists are among the most experienced birth injury lawyers, with extensive experience in obstetric negligence claims.

Why choose Fletchers for your obstetric negligence claim?

Obstetric negligence cases are among the most complex and sensitive in medical law. They require deep clinical knowledge, meticulous investigation, and a team that understands the profound emotional weight these cases carry for families. At Fletchers, our specialist birth injury solicitors combine legal and medical expertise with genuine care, so you can feel confident in the people on your side.

Expertise you can rely on

One of the largest specialist birth injury teams in the UK, with extensive experience handling complex obstetric negligence cases
Led by Sahida Patel, Partner and Head of Birth Injury, and Trevor Ward, Partner and Birth Injury Team Leader
Dedicated to pioneering approaches in case management, including collaboration with NHS Resolution to improve outcomes for families
Deep experience across the full range of obstetric negligence claims, from cerebral palsy and HIE to maternal injuries and neonatal death
Access to independent medical experts and specialist clinical insight at every stage of your claim
Clear, honest advice from the very first conversation, with no obligation to proceed
We work on a ‘No Win, No Fee’ basis

You're not alone

We understand what you're going through.

The birth of a child should be one of the most joyful moments in your life. When something goes wrong or when mistakes are made that cause lasting harm, the pain, confusion, and grief can feel completely overwhelming.

You may be searching for answers about what happened and why, and trying to understand what the future holds for your child. You may simply not know where to turn.

Many of the families we support come to us feeling exhausted, frightened, and uncertain. They are not sure whether they have a claim, are worried about the process, and are focused on their child. That is exactly where we expect you to be, and it’s why we work the way we do.

We will take the time to listen to your story and explain things clearly, without jargon or pressure. We will handle the complexity, from evidence gathering to expert opinions and the full legal process, keeping you informed throughout. This means you can focus on your family.

Whatever outcome matters most to you, whether it’s securing the financial support your child needs for life, getting answers about what went wrong, or holding those responsible to account, we are here to help you pursue your claim with confidence.

People we’ve supported

1/3

VIEW ALL STORIES

FAQs about obstetric negligence claims

How long do I have to make an obstetric negligence claim?

In most cases involving a child, you have until their 21st birthday to bring a claim. However, we always recommend starting the process as early as possible. Thorough investigation takes time, and starting sooner means evidence gathering is easier and your options remain open.

For adults who lack mental capacity, the usual time limits generally do not apply, but we recommend seeking legal advice on your specific circumstances. If you are unsure where you stand, get in touch, and we will explain your position clearly.

Will I need to go to court?

Most obstetric negligence claims are resolved without going to court. The majority are settled through negotiation between legal teams before a trial becomes necessary.

If your case does proceed to court, our specialist solicitors will be with you throughout. We will make sure you understand what is happening at every stage and feel as prepared and supported as possible.

Do I need to pay anything upfront?

No. We handle all obstetric negligence claims on a ‘No Win, No Fee’ basis. This means you will not pay anything unless your claim is successful. There are no upfront costs and no financial risk to you in pursuing a claim.

What counts as negligence during pregnancy or birth?

Obstetric negligence refers to mistakes or substandard care provided by a healthcare professional, either before, during, or immediately after labour and delivery. To have a valid claim, that failure must have caused harm to you or your baby.

Examples can include:

Failing to monitor foetal heart rate properly
Delays in responding to signs of distress
Misuse of forceps or ventouse
Failure to diagnose or treat conditions shortly after birth
Incorrect placement of an epidural
Failure to recognise or manage serious tears

If you’re unsure whether what happened to you amounts to negligence, speak to us. Our team can give you an honest assessment of your case.

What evidence is needed for an obstetric negligence claim?

To bring a successful claim, you need to show that the medical professionals involved breached their duty of care and that this breach caused the harm suffered. In practice, this means gathering your medical records and your baby’s, and obtaining an opinion from an independent medical expert who can assess the standard of care provided.

Your legal team will handle this process on your behalf. You will not need to chase records or instruct experts yourself; we take care of it.

Can I claim for psychological harm following a traumatic birth?

Post-traumatic stress disorder (PTSD) and other forms of psychological harm caused by a traumatic birth experience can form part of an obstetric negligence claim.

If your PTSD or psychological injury was caused or worsened by negligent care, you may be entitled to compensation, including for the cost of counselling, therapy, and the impact on your life and relationships.

What support will I receive during my claim?

From your first conversation with us, we will focus on understanding your situation and what matters most to you. We will explain the process clearly, handle all the legal and medical complexities, and keep you updated throughout.

Where possible, we will also apply for interim payments so that care and support do not have to wait until the end of your claim. We understand that for many families, access to the right help now makes a real difference.