The short answer: If your child suffered a preventable birth injury due to medical negligence, you may be entitled to compensation that can range from approximately £50,000 for less severe injuries to over £20 million for severe cerebral palsy cases requiring lifelong care. Birth injury claims are among the highest-value medical negligence cases in the UK because of the lifetime cost of care.
Please note: The compensation figures and timeframes in this article are general illustrative ranges based on typical case patterns. They are not guarantees or quotes for any specific claim. Every birth injury case is different — the nature of the injury, your child’s life expectancy and care needs all determine the actual amount recoverable. Birth injury cases are complex and require expert handling. For figures specific to your circumstances, please contact our team for a free, confidential consultation.
What Counts as a Birth Injury Claim?
A birth injury claim arises where a baby — or sometimes the mother — suffers preventable harm during pregnancy, labour or delivery due to substandard medical care. The legal test is whether the care fell below the standard expected of a reasonably competent midwife, obstetrician or other healthcare professional, and whether that failure caused the injury.
Importantly, not every difficult birth is the result of negligence. Childbirth carries inherent risks. However, where the medical team missed clear warning signs, failed to act on them in time, or made avoidable errors, families have a legal right to compensation that funds the child’s care and future.
Key point: Birth injury cases are highly specialised. Expert medical evidence, often from multiple disciplines (obstetrics, neonatology, neurology, neuroradiology), is essential. As a result, you should only work with solicitors who handle these cases regularly.
Common Types of Birth Injuries Caused by Negligence
Cerebral Palsy from Birth Asphyxia (£3 million – £20 million+)
Cerebral palsy caused by oxygen deprivation during labour is the most common — and most catastrophic — birth injury claim. It frequently arises where the CTG (cardiotocograph) showed clear signs of fetal distress that the medical team failed to act on in time, or where instrumental delivery (forceps, ventouse) or emergency Caesarean was delayed.
The compensation reflects the lifetime cost of care: 24-hour support, specialist accommodation, equipment, therapies, education, lost earning capacity, and the family’s care contribution. As a result, these cases produce the highest awards in UK personal injury law — often funded through Periodical Payment Orders rather than lump sums.
Erb’s Palsy (Brachial Plexus Injury) (£20,000 – £180,000+)
Erb’s palsy results from excessive traction on the baby’s head and neck during a difficult delivery, typically shoulder dystocia. The brachial plexus nerves are damaged, causing weakness or paralysis in the affected arm. Many cases recover with physiotherapy; severe cases require surgery and leave permanent weakness.
Hypoxic-Ischaemic Encephalopathy (HIE) (£500,000 – £15 million+)
HIE is brain injury caused by reduced oxygen and blood flow to the baby’s brain. It can result in cerebral palsy, epilepsy, cognitive impairment or, in severe cases, death. Therapeutic cooling within hours of birth can reduce damage — a failure to recognise the need for cooling can itself be negligent.
Group B Strep & Meningitis (£100,000 – £3 million+)
A failure to screen, identify or treat Group B Streptococcus infection during pregnancy or shortly after birth can result in neonatal meningitis or sepsis, with lifelong consequences including hearing loss, learning difficulties or cerebral palsy.
Maternal Birth Injuries (£20,000 – £150,000)
Mothers can also suffer compensable injuries: third- or fourth-degree perineal tears that should have been identified and repaired properly; retained placenta or surgical instruments; preventable hysterectomy; and psychological trauma from a mismanaged birth.
Stillbirth and Neonatal Death (£15,000 – £100,000+)
Where a baby is stillborn or dies shortly after birth due to negligent care, the parents may claim for grief, psychological injury, funeral expenses and (in fatal cases) a statutory bereavement award.
Birth Injury Compensation: What the Law Says
UK courts assess birth injury compensation under the Judicial College Guidelines and detailed expert reports. The amount depends primarily on the long-term care, equipment, accommodation and earning capacity affected.
| Injury | Typical Compensation Range |
|---|---|
| Mild Erb’s palsy (good recovery) | £20,000 – £50,000 |
| Permanent Erb’s palsy (significant residual disability) | £80,000 – £180,000 |
| Maternal injuries (severe tears, hysterectomy) | £40,000 – £150,000 |
| Stillbirth / neonatal death | £15,000 – £100,000 |
| Moderate cerebral palsy (some independent living) | £3 million – £8 million |
| Severe cerebral palsy (24-hour care, full dependency) | £10 million – £20 million+ |
Important: Many birth injury awards include a Periodical Payment Order (PPO) — annual tax-free payments for life rather than a single lump sum. This ensures the funds last for the child’s lifetime regardless of how long they live. Total awards include past care, future care, equipment, accommodation, therapies, lost earnings, and case management.
The Claims Process: Step by Step
Step 1: Free Initial Consultation. A specialist takes a detailed history of the pregnancy, labour and delivery. There is no obligation and no fee.
Step 2: Obtain Medical Records. We obtain the full antenatal, intrapartum and neonatal records, CTG traces, blood gas results, imaging and consultant correspondence. Birth injury cases require comprehensive documentary evidence.
Step 3: Independent Expert Evidence. Birth injury claims typically require multiple experts: an obstetrician (on the management of labour), a midwife (on standard of care), a neonatologist (on the immediate cause of injury), and a paediatric neurologist or neuroradiologist (on the consequences and prognosis).
Step 4: Letter of Claim. If the expert evidence supports your case, we send a formal Letter of Claim to the NHS Trust (or private provider). They have four months to respond.
Step 5: NHS Resolution / Negotiation. NHS Resolution handles most birth injury claims for NHS Trusts. Where liability is admitted, negotiations focus on the value of the claim — often a multi-year process involving detailed care reports and life expectancy evidence.
Step 6: Interim Payments. Where liability is established, we apply for interim payments early — to fund immediate care, equipment, adaptations and case management while the final claim is valued.
Step 7: Court Proceedings (if needed). Many high-value birth injury cases settle before trial, but proceedings may be issued to set deadlines and apply pressure.
Step 8: Final Settlement. The final settlement typically combines a lump sum for past losses and accommodation, plus a Periodical Payment Order for ongoing care and treatment costs for life.
Time Limits for Birth Injury Claims
Birth injury time limits are different from most other medical negligence claims because the claimant is a child:
- Children: The three-year time limit starts on the child’s 18th birthday — so claims can be brought any time up to their 21st birthday.
- Mental capacity: If the injury means the child will never have full legal capacity (often the case with severe cerebral palsy), there is no time limit at all. A claim can be brought at any point in the child’s life.
- Maternal injuries: Mothers have three years from the date of the negligent act or knowledge of the injury, as with other medical negligence claims.
However, the practical reality is that evidence-gathering becomes harder over time. Memories fade, staff move on, and records get archived. Early advice is always better.
How MayIClaim Can Help
Birth injury claims are technically and emotionally complex. At MayIClaim, we work with clinical negligence specialists who handle these cases regularly and understand both the medical complexity and the family’s needs.
What we offer:
- Free initial consultation with a specialist birth injury team
- No win, no fee representation
- Access to leading medical experts across obstetrics, neonatology, paediatric neurology and care needs assessment
- Early interim payment applications to fund immediate care
- Long-term case management throughout what can be a multi-year claim
- Compassionate, family-centred support throughout
Frequently Asked Questions
My child is now an adult — is it too late?
Not necessarily. If your child lacks mental capacity, there is no time limit. If they have capacity, claims can usually be brought up to their 21st birthday. Even outside those windows, in some circumstances the court can extend time — seek specialist advice.
What if the hospital admitted there was a problem?
An admission, apology or “Duty of Candour” letter can help your case, but it does not automatically establish negligence — that requires independent expert evidence. However, admissions often shorten the process significantly.
Will a claim damage my relationship with the NHS?
No. A medical negligence claim against an NHS Trust does not affect the care you or your child receive. Claims are handled by NHS Resolution, separately from clinical care.
How long do birth injury claims take?
Birth injury claims are typically the longest of all medical negligence cases — often 4 to 8 years from instruction to final settlement. This is because the child’s long-term needs must be properly assessed, often requiring them to reach a developmental milestone (such as age 6 or 10) before the prognosis is stable enough to value the claim. Interim payments fund immediate needs throughout.
How much does it cost to claim?
Nothing upfront. Birth injury claims are handled on a no win, no fee basis. If successful, legal costs are typically recovered from the defendant.
What happens to the compensation when the child is a minor?
Compensation for a child is paid into a Court of Protection deputyship, which manages the funds in the child’s best interests. Periodical Payment Orders pay out automatically into the deputyship for the child’s lifetime.
Can I claim for my own psychological injury after the birth?
Yes, in many cases. Parents who witness a traumatic birth or develop PTSD after a negligently managed delivery can claim for their own psychiatric injury alongside the child’s claim.
Disclaimer: This article is general guidance only and does not constitute legal advice. Compensation ranges are illustrative and depend on the individual facts of each case. Statutory figures (including bereavement awards) are subject to periodic review and may be updated. For advice on your specific circumstances, please contact us directly. May I Claim is a trading name of R Costings Limited, regulated by the Financial Conduct Authority (FRN 836625).
Author: May I Claim Team.
Last updated: May 2026
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