Can I Claim Traumatic Birth Compensation?

Making a traumatic birth compensation claim might not be the first thing on your mind after a difficult birth, but if you have suffered from negligence during the process you are entitled to compensation.

It is reasonable to expect that you would receive the best possible treatment throughout both your pregnancy and the process of giving birth, so if you have been the victim of medical negligence then our expert birth negligence solicitors can help you get the compensation that you deserve.

Contact us today for helpful advice and support with your traumatic birth compensation claim. 


Traumatic Birth Compensation


Can I claim traumatic birth compensation?

A birth injury is defined as an injury that affects the mother and/or child before, during or after the process of birth. If you or your child has suffered from this, then you could be eligible to claim for traumatic birth compensation. There are a number of different injuries that the mother may have suffered and can claim for, including;

  • Abnormal uterine bleeding caused by the birth
  • Fractured or broken bones caused by the birth
  • Infections caused by the birth
  • Pelvic injury caused by the birth
  • Vaginal tears or lacerations caused by the birth

Alternatively, there is also the chance that the baby may suffer from some injury during a traumatic birth. Unfortunately, some medical issues that may occur in a child in this situation include:

  • Hypoxia
  • Brain damage
  • Spine injuries
  • Bone fractures
  • Paralysis or partial paralysis
  • Cerebral Palsy
  • Erb’s Palsy

If it can be proven that any of these potentially life-changing injuries have occurred to the mother or to the child due to the medical negligence of an individual or institution involved in the process of the birth, then you will be able to claim traumatic birth compensation.

Contact our negligence solicitors for expert help with your claim.

How do I prove that I have suffered a traumatic birth?

In legal frameworks, a traumatic birth falls under the category of medical negligence.  Medical or clinical negligence is when a medical professional or institution does not fulfil their legal duty of care towards their patient. Medical negligence claims can be roughly judged based on something known as the 4 D’s of medical malpractice. These are:

  • Duty

This refers to the duty of care that all doctors agree to uphold in their time treating patients.

  • Derelict

Dereliction is the official term for when a medical professional is considered to have broken their duty of care to the patient that they are treating.

  • Direct Cause

In order for a traumatic birth injury claim to be filed, it must be proved that it was the direct fault of a medical professional.

  • Damages

The damages that you could win in your traumatic birth compensation will be calculated based on a number of different factors.

If your case fulfils the criteria for medical negligence, then we can help you prove that you have suffered a traumatic birth.

Read more about medical negligence claims

How long will my claim take?

Because there are a wide range of injuries that could occur during the birth process, it is difficult to say exactly how long a claim could take. It is likely that your claim could take a little bit longer if you or your child have sustained substantial injuries.

There are two parts to the process of proving medical negligence. These are:

  • Uncovering and proving exactly who was responsible for your injury or illness, and therefore proving liability
  • Then, providing the medical evidence for exactly how the negligence has affected you physically

Using a specialist solicitor who has experience in medical negligence claims can help make this process as straightforward as possible.

If you are still in the process of recovery, it is likely that your solicitor would advise you to wait until you know the full medical prognosis of you and your child.

This is because you cannot claim any further compensation after your case is settled, even if your condition or injury gets worse. Contact us if you would like further advice in relation to this.

Contact Our Negligence Solicitors Today

If you have suffered a traumatic birth, we understand that you would want compensation for the injuries that you or your child may have suffered.

We have a wealth of experience with claims like this and are ready and waiting to help you begin the process. With the right support, you can focus on what matters in situations like this.

Starting the process couldn’t be more simple!

  • Contact us Contact us Get in touch however suits you best and arrange a consulation with one of our solicitors
  • Meet an expert Meet an expert You’ll meet the expert solicitor assigned to your case and discuss all the necessary details
  • Authorise Authorise Once we’ve got all the details of your case and you’re happy to proceed, just give us the go-ahead
  • We get to work We get to work It’s time for us to get to work! We’ll set up your file on our system and get to work right away
We’re with you, every step of the way