Birth Injury
Compensation Claims
Our no-win-no-fee solicitors can help you to claim
compensation if you or a loved one has suffered
an injury during childbirth.
Birth Injury
Compensation Claims
Our no-win-no-fee solicitors can help you to claim compensation if you or a loved one has suffered an injury during childbirth.
Birth Negligence Claims
For the vast majority of women in the UK, they do not incur any problems during pregnancy or birth. However, when something does go wrong it can be very serious for either the mother or the baby.
Birth injuries can occur during pregnancy and labour, and also following the birth. This section covers injuries that can happen during the birth itself. The most common types of injuries suffered during labour and childbirth are:
Cerebral Palsy
This is caused when the baby has a lack of oxygen during delivery.
Episiotomy injuries
This is a surgical incision which made to make the baby’s delivery easier. If the surgeon thinks the baby is in distress, or that the mother’s skin may tear they may perform an episiotomy. When performed incorrectly, or when not performed at all when it was clearly needed, can lead to second or third-degree tears and other problems.
Forceps or Ventouse delivery injuries
During the delivery of your baby, it is sometimes necessary for the medical team to give you some assistance to help the baby through the birth canal. This is called an ‘assisted birth’ and would involve the use of either forceps or ventouse instruments. They would give an assisted delivery if you were not able to push during the birth or if they were concerned about the well being of either you or your baby during labour or birth.
A ventouse uses suction and is attached to the baby’s head. When you have a contraction the midwife or doctor will pull gently to help deliver the baby.
Forceps are curved and designed to fit around the baby’s head. This instrument is positioned so that when there is a contraction the midwife or doctor can gently pull which helps the baby to be born.
The choice of which instrument to use is down to the medical professional at the birth, as only they will know which tool to use.
If, however, they make the wrong choice it can cause injury to the baby. They may suffer scarring to the head or face, or in some cases, there is nerve damage which causes the baby’s face to droop on one side.
Claim Form
Complete our claim form and one of our team will contact you to start your claim.
Contact Mayiclaim
If you or your baby have suffered an injury during childbirth and believe it was somebody else’s fault, you should contact us directly on our freephone 0800 756 7774. Alternatively, fill out our Quick Claim Form and one of our fully trained friendly advisors will call you back. They will be able to offer you helpful advice and a free consultation about your circumstances.
If you then decide to proceed we will assign you a specialist solicitor with a wealth of birth injury claims experience.
"After completing one of their forms online I was quickly called back by their own solicitor. He was very helpful and knowledgeable and gave me instant advice about what I should do next. I am very pleased with the service from Mayiclaim. I would certainly recommend them."
"After coming to a standpoint in my negotiations, I approached the team at Mayiclaim. Their advice, guidance, and letter helped my case tremendously and I ended up with an extremely positive result, which I knew I wouldn't have reached without Mayiclaim's help."
"Since I approached Mayiclaim, they have been helpful, effective, efficient and highly professional. I wouldn’t hesitate to recommend Mayiclaim should you ever need expert help or advice."
Read Our 2026 Guide
For a complete 2026 guide to birth injury compensation — including cerebral palsy, Erb’s palsy, HIE, the claims process and time limits — read our latest in-depth article:
👉 Birth Injury Claims — Cerebral Palsy, Erb’s Palsy & Negligence (2026)
Birth Injuries Caused by Negligence — What’s Covered
Birth injury claims cover any preventable harm to a baby or mother during pregnancy, labour or shortly after delivery. The most common categories include cerebral palsy and hypoxic-ischaemic encephalopathy (HIE) caused by oxygen deprivation; Erb’s palsy and other brachial plexus injuries caused by excessive force during shoulder dystocia; Group B Streptococcus infections that should have been screened or treated; and maternal injuries including third- and fourth-degree perineal tears, retained placenta, and post-partum haemorrhage that wasn’t recognised in time. Less common but equally serious cases involve fetal death, neonatal death, and severe psychological injury to mothers (PTSD) following traumatic deliveries.
Frequently Asked Questions
When does the 3-year time limit start for my child?
For children with mental capacity, the three-year limitation period starts on their 18th birthday — meaning a claim can be brought any time up to their 21st birthday. For children who lack mental capacity (often the case with severe birth injuries), there is no time limit at all.
Will making a claim affect my child’s NHS care?
No. The civil claim is handled completely separately from NHS clinical care. Your child continues to receive whatever NHS services they need.
Can I claim if my child has died?
Yes. The Fatal Accidents Act and the Law Reform (Miscellaneous Provisions) Act allow parents and dependants to bring claims following a child death. The three-year time limit runs from the date of death.
How are settlements structured for children?
Compensation for a minor child is paid into a Court of Protection deputyship which manages the funds in the child’s best interest. Periodical Payment Orders (PPOs) provide tax-free annual payments for the child’s lifetime alongside a lump sum for past losses and accommodation costs.
Can a parent claim for psychological injury from a traumatic birth?
Yes, in many cases. Parents who witnessed a traumatic delivery or developed PTSD following a mismanaged birth can bring their own claim for psychiatric injury alongside the child’s claim.
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