CLOSE SEARCH
Mistakes during pregnancy, labour, delivery or immediately after birth can cause serious and sometimes lifelong injuries to a baby or mother.
Our Medical Negligence solicitors act in claims involving cerebral palsy, brain injury, Erb's Palsy, injuries to mothers and other harm caused by negligent maternity or neonatal care.
We can investigate what happened, whether the injury could have been avoided and, where there is a claim, pursue compensation for its financial and practical consequences.
We have experience of complex and high-value birth injury claims, including cases where a child will require care and support for life. Our size means we have the capacity to manage claims requiring evidence from multiple medical, care, rehabilitation and financial experts, sometimes over several years.
Recent cases include securing £555,000 for a child who suffered Erb's Palsy and a fractured clavicle following failures during labour and delivery.
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.
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.
The first challenge is usually establishing exactly what happened and whether different care would probably have changed the outcome.
We can obtain the maternity and neonatal records, CTG traces and other relevant evidence and reconstruct the important stages of pregnancy, labour and delivery. We then instruct appropriate independent medical experts to consider the treatment provided and the cause of the injury.
For serious injuries, we can also coordinate evidence about the child's long-term prognosis and future needs, including care, rehabilitation, therapy, equipment and accommodation.
Where responsibility is admitted before the final claim can be valued, we can seek interim payments to help meet immediate needs while the claim continues.
Cerebral palsy and brain injury can have many causes and are not necessarily the result of medical negligence.
A claim may arise where avoidable failures before, during or shortly after birth caused or contributed to brain injury. This can include failure to recognise foetal distress, abnormal CTG traces not being acted upon, delay in an emergency Caesarean section or failures in neonatal resuscitation or treatment.
These claims often require detailed expert evidence to establish when the brain injury probably occurred and whether earlier intervention would have prevented it or reduced its severity.
Where the resulting disability is severe, compensation may need to provide care and support over many decades.
Erb's Palsy results from damage to the brachial plexus, the network of nerves controlling movement and sensation in the shoulder, arm and hand. It can occur during a difficult delivery, particularly where shoulder dystocia occurs.
Not every shoulder dystocia or Erb's Palsy injury results from negligence. A claim may arise where relevant risks were not properly considered or inappropriate force or manoeuvres were used during delivery.
Maternity negligence claims are not limited to injuries suffered by babies.
We also act for mothers who have suffered avoidable injuries including serious perineal tears, haemorrhage, infection, bladder or bowel injury, Caesarean section complications and recognised psychiatric injuries.
In one case, we acted for a mother who developed post-traumatic stress disorder after being incorrectly told that her unborn baby had died.
The case involved malfunctioning CTG equipment, inadequate attempts to confirm foetal death and reliance on equipment subsequently identified as unsuitable. The baby was ultimately delivered alive and healthy by emergency Caesarean section, but the mother suffered significant psychiatric injury.
Independent psychiatric evidence was obtained and the claim settled for £15,000, including the cost of recommended therapy.
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.
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.
With a very young child, the long-term consequences of an injury may not yet be clear.
It can be necessary to see how the child develops before experts can reliably assess matters such as mobility, cognition, communication, education and likely future independence.
That does not mean the whole claim has to wait. The circumstances of the birth and liability can be investigated much earlier. Where responsibility is admitted, interim payments may also be available to fund care, therapy, equipment or accommodation.
You do not need to know precisely what went wrong before speaking to a solicitor.
If your child was injured during pregnancy, labour, delivery or neonatal care, or you suffered an avoidable injury as a mother, we can review what happened and advise whether further investigation is justified.
We act for families throughout England and Wales. For serious birth injury claims, the experience of the lawyer and team handling the case is generally more important than choosing a solicitor simply because they are geographically closest.
Almost all claims we take on are handled on a no win, no fee basis. We can also advise whether Legal Aid may be available.
Telephone -
9am to 5pm
This usually requires specialist medical investigation. The maternity and neonatal records and independent expert evidence can establish whether the care was negligent and whether different treatment would probably have prevented or reduced the injury.
No. Cerebral palsy can arise for many reasons. A claim requires evidence that there was negligent medical care and that this caused or materially contributed to the brain injury responsible for the child's condition.
A parent or another suitable adult will normally act as the child's litigation friend and conduct the claim on their behalf.
Any settlement of a child's claim must generally be approved by the court to ensure that the child's interests are properly protected.
Almost all claims we take on are handled under a no win, no fee agreement.
Legal Aid remains available for a limited category of serious neurological birth injury claims, subject to the relevant requirements. We can advise which funding arrangement is appropriate.
The usual three-year limitation period does not run against a child until their 18th birthday. They will therefore generally have until their 21st birthday to commence proceedings if a claim has not already been brought on their behalf.
There are good reasons not to wait. Serious birth injury claims can require extensive medical evidence and take years to investigate and value.
No. Liability can be investigated while a child is young even if it is too early to value the final claim.
If necessary, final settlement can take place later when the child's future needs are clearer.
Call the Taylor Rose team or fill out the form below and we will get back to you as soon as possible.
Telephone opening hours -
9am to 5pm
