At Taylor Rose, we have experience of complex birth injury claims involving cerebral palsy, Erb's palsy, brachial plexus injuries and a range of other serious neurological and physical injuries.
Two of the most important issues in these claims are establishing whether negligent treatment caused the injury and securing compensation that properly reflects the child's long-term needs.
Our specialist and experienced lawyers represent families across England and Wales, with offices throughout London, the South East, East of England and other regions.
Contact our birth injury claims solicitors to discuss what happened, whether there may be grounds for a claim and the funding options available.
Our experience in birth injury claims
Birth injury litigation requires specialist legal knowledge, access to appropriate medical experts and experience of handling complex evidence and substantial compensation claims.
Our medical negligence lawyers have secured significant settlements, including:
£19 million settlement in a case involving a child injured shortly after birth, handled by Sarah Corbett.
£2 million settlement for a baby who suffered deafness following a mismanaged birth, handled by Jacqui Hayat.
£600,000 settlement in a disputed shoulder dystocia claim involving permanent brachial plexus injury, specialist medical evidence and preparation for trial before settlement at mediation.
£555,000 settlement in an Erb's palsy claim involving a fractured clavicle and assessment of the long-term consequences of the injury.
Our medical negligence practice has received independent recognition in Legal 500 and Chambers. Our team includes lawyers with specialist accreditation and experience of serious birth injury and neurological claims.
These cases illustrate the importance of thorough investigation, effective use of medical evidence, accurate assessment of future losses and skilled negotiation.
Relevant experience and case studies
Almost all claims we take on are handled on a no win, no fee basis. Legal Aid may also remain available for some severe neurological birth injury claims.
Examples of birth or maternity negligence
A complication during pregnancy or childbirth does not necessarily mean that anyone was negligent. A claim may arise where the care provided by midwives, obstetricians, doctors, neonatal teams or other healthcare professionals fell below an acceptable standard and caused avoidable injury.
Common situations include:
failure to recognise or respond to foetal distress, including problems with CTG monitoring;
delay in escalating concerns or carrying out an emergency Caesarean section;
negligent management of a difficult labour, shoulder dystocia or assisted delivery;
failure to diagnose or properly manage conditions affecting the mother or baby;
failures involving placental, umbilical cord or other complications;
negligent neonatal monitoring or treatment after birth; and
avoidable physical or psychiatric injury to the mother.
Sometimes a claim involves one clear error. In other cases, several decisions during pregnancy, labour and neonatal care need to be considered together.
How we can help
Our solicitors manage the legal and evidential work required to investigate and pursue birth injury claims, from the initial assessment through to settlement or court proceedings. Key aspects of the process, our work and advice include :-
Obtaining and analysing maternity, delivery and neonatal medical records.
Identifying possible failures in treatment and decisions requiring investigation.
Instructing independent medical experts to assess negligence and causation.
Dealing with disputed medical evidence.
Establishing and evidencing the full consequences of the injury, including future care and rehabilitation requirements.
Working with specialist experts to calculate compensation for lifelong needs.
Negotiating liability and damages with NHS Resolution, insurers and other defendants.
Seeking interim payments where appropriate.
Pursuing court proceedings where a satisfactory settlement cannot be reached.
We explain the evidence, strengths and risks of the claim as it progresses, enabling families to make informed decisions.
Types of birth injury claims we handle
Our medical negligence solicitors can investigate a wide range of injuries arising from negligent maternity and neonatal care.
Cerebral palsy and brain injuries - Some cases of cerebral palsy and other neurological injuries involve avoidable oxygen deprivation or failures in maternity or neonatal treatment. Investigations may focus on fetal monitoring, recognition of distress, delays in delivery, neonatal resuscitation or other aspects of care. Not all cases of cerebral palsy result from negligence. Specialist medical evidence is essential to establish whether negligent treatment caused or worsened the condition.
Erb's palsy and brachial plexus injuries - Erb's palsy and other brachial plexus injuries affect the nerves controlling movement and sensation in the arm and shoulder. Claims may involve shoulder dystocia, the management of delivery and whether the techniques used caused avoidable nerve damage. Some injuries resolve, while others can result in permanent weakness, restricted movement or disability.
Delayed caesarean sections and fetal distress - A failure to recognise fetal distress or an avoidable delay in performing an emergency caesarean section can have serious consequences.These claims often require detailed examination of clinical records and expert evidence about when delivery should have occurred and whether earlier intervention would have prevented the injury.
Neonatal injuries - Negligent neonatal care can sometimes cause serious harm, including brain injury associated with untreated jaundice, hypoglycaemia, infection or other complications.The investigation will consider whether the condition should have been identified or treated earlier and whether that would have changed the outcome.
Maternal birth injuries - We can also investigate claims involving serious injuries to mothers, including severe perineal tears, injuries associated with assisted delivery and complications arising from delayed diagnosis or treatment. These claims require careful assessment of the physical, psychological and financial consequences for the mother.
How are birth injury claims funded?
We discuss funding arrangements at the outset and explain the available options and any financial risks.
Legal Aid may be available for certain serious neurological injuries sustained by children during pregnancy, childbirth or the early postnatal period, subject to the applicable eligibility requirements.
For other qualifying claims, we may be able to offer a conditional fee agreement, commonly known as a no win, no fee agreement.
We will explain the terms of any proposed arrangement, including potential deductions and insurance requirements, before you decide whether to proceed.
Compensation for serious birth injuries
For a child with a permanent disability, compensation needs to reflect the consequences of the injury throughout their life.
Depending on the circumstances, this can include:
professional care and support;
therapy and rehabilitation;
specialist equipment and mobility needs;
adapted accommodation;
education and support;
future medical treatment; and
loss of future earnings and other financial losses.
Several experts may be required to assess these needs. The aim is to establish what the child will realistically require rather than simply attaching a value to the original injury.
Claims involving the death of a baby or mother
The most serious failures in maternity care can result in the death of a baby or mother.
These cases may involve a medical negligence claim together with an inquest or other investigation into what happened. Our Medical Negligence team includes lawyers experienced in fatal medical negligence claims and representing families at inquests.
