Birth injury medical negligence – Compensation guide

Birth injury medical negligence can result in devastating consequences for mothers and babies, causing significant harm and lifelong challenges. Medical Negligence Solicitors at Fosters specialise in supporting families affected by negligent maternity care, guiding them through every stage of the compensation process and advocating for safe, accountable healthcare.

A ‘toxic cover-up culture’ within the NHS, recently exposed by a Sky News report and public statements from the General Medical Council, highlights ongoing risks to patient safety. The culture, marked by medical professionals’ hesitancy to speak up about mistakes, especially in maternity services, has normalised avoidable harm. Almost 27% of obstetric trainees say they have felt reluctant to escalate patient safety concerns, a statistic that raises serious concerns for families navigating the consequences of birth injury medical negligence.

Background: Birth injury medical negligence and patient safety

Birth injury medical negligence occurs when the expected standard of care during pregnancy, labour or postnatal care is not met, resulting in preventable harm to mother or baby. Factors like delayed intervention, misdiagnosis, and poor monitoring can lead to conditions such as cerebral palsy, severe perineal tears, or infant brain injury. The recent NHS investigations illustrate how a lack of candour and honest communication not only breaches patient trust but directly increases the risk of medical negligence and subsequent legal claims.

The government’s new National Maternity and Neonatal Taskforce and ongoing national investigation aim to address these issues, promoting safer maternity services and supporting affected families. However, for those already harmed, systemic change cannot undo the past. The legal route remains a vital way for families to seek redress when birth injury medical negligence has impacted their lives.

Birth injury medical negligence: What are the most common causes?

• Delayed recognition and management of fetal distress.
• Failure to escalate serious concerns to senior medical staff.
• Inadequate monitoring during labour and delivery.
• Misdiagnosis of maternal health conditions.
• Negligence in performing caesarean sections or assisted deliveries.
• Unjustified use or omission of medical interventions.
• Poor communication between team members due to workplace pressures.

These failures, often compounded by a reluctance to disclose errors, arise in high-pressure environments where staff may fear repercussions or lack adequate support, as documented in recent research by national regulators and patient safety organisations.

How birth injury compensation is calculated

Compensation for birth injury medical negligence is determined by considering the severity and lifelong impact of the injury, taking into account both general and special damages. Factors include physical pain, psychological trauma, loss of enjoyment, requirements for ongoing treatment, and financial losses, such as reduced earning capacity or parental loss of income due to caring responsibilities.

Additional compensation may cover rehabilitation, therapy, specialist equipment, home adaptations, and ongoing medical expenses. Legal professionals use the Judicial College Guidelines and independent medical reports to determine what constitutes fair compensation in each unique case.

Evidence needed for birth injury medical negligence claims

• Comprehensive medical records from pregnancy, labour, and delivery.
• Witness statements from staff or family present during birth.
• Findings from clinical reviews, such as the Bolam test.
• Photos and videos documenting harm.
• Written complaints or correspondence with the hospital.
• Financial records showing losses related to injury and care.

Gathering robust evidence is crucial for proving that the injury was avoidable and resulted from substandard care. Specialist medical negligence solicitors can assist in compiling and presenting the necessary documentation.

Key steps in making a claim

1. Contact a specialist medical negligence solicitor for an initial assessment.
2. Provide detailed information about events before, during and after delivery.
3. Gather all relevant evidence and medical records.
4. Solicitor reviews case and obtains expert medical opinion.
5. Negotiation on compensation or formal legal proceedings begin.

Most claims must be brought within three years from the date of injury or knowledge of negligence, with exceptions for children and those lacking mental capacity. For children, the time limit starts from their 18th birthday.

Expert insights: Impact of a toxic cover-up culture

Reports from the General Medical Council and NHS investigations reveal that a workplace culture discouraging openness about mistakes has contributed to repeated failures in maternity care. This culture not only leads to increased patient harm and missed learning opportunities, but also breaches fundamental standards of honesty and accountability. For affected families, it means the harm they suffered might have been prevented had healthcare providers been willing to escalate concerns and address safety risks transparently.

• Workplace pressures drive staff reluctance to raise concerns.
• Fear of repercussion leads to cover-ups rather than candour.
• Lack of learning from errors heightens risk of repeated incidents.
• Maternity care identified as especially high-risk for harm from this culture.

The establishment of a National Maternity and Neonatal Taskforce and a new national investigation reflects urgent policy and accountability shifts – yet for those harmed, legal action remains the main route to justice and support.

Case scenario: Compounded harm by cover-up culture

If a mother’s concerns during labour are ignored, and staff fail to escalate symptoms due to workplace fear, serious injury or death can result. The reluctance to document or address errors further complicates claims, making it crucial for families to seek legal support to pursue honesty and compensation in the aftermath.

Benefits and challenges of birth injury medical negligence claims

• Financial security for ongoing care and rehabilitation.
• Access to specialist therapy and practical support.
• Accountability and transparency within healthcare systems.
• Encouragement of best practices and safer maternity services.
• Emotional strain and complex evidence requirements can pose challenges.

If you or your child has suffered from birth injury medical negligence, and are concerned about the care received, contact our expert Medical Negligence team for a confidential, no-obligation consultation. Our experts can guide you through your options and support you in holding responsible parties accountable.

Frequently asked questions

What is birth injury medical negligence?

Birth injury medical negligence is when a mother or baby suffers preventable harm during pregnancy, labour or after birth, because healthcare professionals failed to meet expected standards of care. This may include delayed intervention, miscommunication, or failure to recognise complications promptly.

How is birth injury compensation calculated?

Compensation amounts reflect the severity of injury, impact on future quality of life, required treatment and ongoing care costs. Both general damages (pain, suffering, loss of amenity) and special damages (financial losses, rehabilitation, home adaptations) are considered.

What evidence is needed for a birth injury claim?

Medical records, witness statements, expert opinions, financial documentation, and a detailed timeline are vital to prove negligence and the extent of harm suffered.

How long do I have to make a birth injury claim?

You generally have three years from the date of injury or knowledge of negligence to start a claim, with exceptions for children and those who lack mental capacity.

This article was produced on the 28th October 2025 for information purposes only and should not be construed or relied upon as specific legal advice.