Maternal birth injury and birth trauma claims
Supporting your recovery after birth trauma with expert legal advice.
Birth trauma and maternal injury during pregnancy, childbirth and postnatal care can have a severe physical, emotional and psychological impact on the mother’s life. A mother’s childbirth injuries can also be devastating to her family, especially where she is left permanently injured, unable to return to work or care physically or psychologically for herself or her children or unable to have more children in future. In severe cases, maternity negligence can also lead to the mother’s death.
Where a woman or birthing person has suffered severe injury as a result of obstetric errors, anaesthetic mistakes or midwife negligence during childbirth, we can help the mother, or her bereaved family, claim compensation.
- Nationally recognised birth trauma specialists with decades of experience
- Access to leading medical experts and rehabilitation professionals
- Proven track record of securing life-changing compensation for families
- Dedicated support from initial enquiry through to settlement
- No upfront costs and claim through a no win no fee agreement
Starting a claim for birth trauma negligence
For more than 30 years, Boyes Turner’s medical negligence solicitors have guided injured patients through the claims process to secure the compensation and specialist support that they need to manage their disability and rebuild their lives.
You can contact us by telephone or by email for free, confidential advice from a medical negligence solicitor. We will ask you to tell us briefly about your injury and your maternity care, and advise you about your time limits and whether we can help you investigate your claim. Once our investigations confirm you have grounds for a claim, we will notify the defendant healthcare provider (usually represented by NHS Resolution) on your behalf and invite them to respond, giving them an opportunity to admit liability (responsibility for your injuries) before court proceedings are issued.
If liability is admitted, we will obtain a judgment from the court and apply for a substantial interim payment to meet your needs arising from your injury and disability. If NHS Resolution deny liability, we will advise you about the best way to proceed with your claim. This may involve issuing court proceedings or inviting NHS Resolution to enter into settlement negotiations or mediation.
No win, no fee
No hidden or upfront costs. Clear, straightforward advice. Nothing to pay unless your claim is successful.
Over 30 years’ experience
We have helped thousands of clients claim compensation.
Fully regulated
Authorised and regulated by the Solicitors Regulation Authority.
Birth trauma claims FAQs
What are maternal birth trauma claims?
Maternal birth trauma claims provide compensation for women and birthing people who have suffered severe injury as a result of medical negligence during pregnancy, childbirth and immediately after birth (post-partum care). Birth injury and maternity negligence compensation claims often focus on catastrophic injury suffered by the baby, but mistakes by obstetricians (childbirth doctors), midwives and nurses, anaesthetists, ultrasonographers and radiologists, and even hospital system errors can leave the mother with life-changing injuries.
Mothers who have been injured in childbirth often struggle to speak up, feeling shame or assuming their injury and its ongoing effects to be normal, or prioritising the needs of the new baby and family over their own. However, maternal birth trauma and childbirth injury can be devastating to their physical, emotional and psychological health, their relationships, and ability to look after their children, work, or lead fulfilling lives. In severe cases, negligent antenatal, birth or post-partum care can prevent the mother from having more children or can result in the mother’s death.
If you have suffered serious injury or the loss of a partner or mother as a result of negligent maternity care, our birth injury solicitors can help you obtain the compensation and support you deserve. We take great care to understand each client’s injury and the needs that arise from the physical, emotional, psychological, and financial impact on their life. Our past clients often tell us that what they valued most was our solicitors’ friendly and empathetic support.
What maternity mistakes can lead to a maternal birth trauma claim?
Maternal birth trauma claims often relate to one or more of the following mistakes by obstetricians (childbirth doctors), midwives and maternity teams:
- negligent management of high-risk pregnancy, including:
- pre-eclampsia;
- VBAC (vaginal birth after previous caesarean);
- maternal diabetes;
- maternal epilepsy;
- Rhesus incompatibility (mother and baby have incompatible blood groups);
- group B streptococcal infection;
- twins/multiple pregnancy;
- negligent management of obstetric emergencies or complications, including:
- placental abruption;
- haemorrhage;
- hyperstimulation and uterine rupture;
- impacted fetal head;
- shoulder dystocia (size of baby disproportionate to mother’s pelvis);
- vaginal breech delivery;
- cardiac/vascular complications;
- delays in delivery;
- negligent use of instruments, such as forceps or Ventouse;
- failure to manage, recognise and repair vaginal or perineal injury;
- negligent anaesthetic management, including:
- awareness;
- anaphylaxis (severe allergic reaction);
- negligent postnatal care, including anticoagulant management.
What types of maternal injury lead to birth trauma compensation claims?
Mistakes in maternity care can occur at any time during the mother’s care in pregnancy (antenatally), during labour and birth, and immediately after birth (post-partum). Maternal injuries which often lead to childbirth injury and birth trauma compensation claims include:
- uterine rupture;
- 3rd and 4th degree vaginal and perineal tears involving the anal sphincter;
- anaesthetic awareness;
- complications of eclampsia;
- brain injury, organ failure, seizures(fits);
- severe post-partum haemorrhage;
- maternal cardiac/thrombosis and coagulation problems;
- infection and sepsis;
- PTSD and psychological injury;
- problems with childbearing in future;
- maternal death.
What compensation can be claimed for maternal birth trauma?
The amount of compensation that can be claimed for a mother’s injuries in a medical negligence birth trauma claim depends on the nature, extent, and impact of the injury that she suffered. Claims for mothers with severe birth injuries may include compensation for the following injuries, needs, or losses and expenses:
- pain, suffering, and disability;
- medical or surgical costs;
- therapies and counselling;
- specialist equipment and aids;
- care, support and domestic assistance;
- necessary home adaptations;
- loss of earnings;
- other expenses arising from their injury, such as transport costs.
Where the mother dies as a result of negligent maternity care, depending on her family circumstances, her bereaved dependent family may be entitled to claim compensation for:
- her pain and suffering prior to her death;
- funeral costs;
- a statutory bereavement payment;
- the financial loss to her dependents from losing her income;
- the costs of replacing her ‘services’, such as childcare, housework etc.
If the baby also suffered serious injuries as a result of the negligent maternity care, they may also be entitled to make a birth injury claim for substantial compensation.
Making a birth trauma claim
We understand how daunting it can feel to take the first step. Our specialist birth trauma solicitors are here to guide you through every stage.
Getting in touch
Call us or complete our online form for free, confidential advice from a specialist birth trauma solicitor. We will listen carefully to your concerns, explain your legal options in clear and straightforward terms, and advise whether we can help investigate whether your birth experience and injuries were caused by avoidable medical negligence.
The birth trauma claim
Our birth trauma specialists will obtain your medical records, instruct independent medical experts, and investigate the care you received during pregnancy, labour and postnatal care to understand what happened and whether your injuries could have been prevented. Where appropriate, we can seek an interim payment to help meet your immediate care, rehabilitation and support needs.
Securing compensation
Our solicitors provide compassionate support throughout your birth trauma claim, working to secure the compensation you need as quickly as possible to help fund your recovery, rehabilitation, ongoing care, treatment and any support needed for the future.
Contact us
If you would like advice regarding a serious injury or illness affecting you or a loved one, please complete the form and one of our experts will be in touch as soon as possible.
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Client story
£375,000 compensation for delayed treatment
We secured £375,000 in compensation for a woman who suffered a tear at the time of delivery.
Our birth trauma cases
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£1.4 million settlement for 20 year old with Erb’s Palsy
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£120,000 settlement for maternal birth injury after forceps delivery tear worsens disability from anal sphincter injuries
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Compensation paid to mother who suffered uterine rupture and PTSD during VBAC delivery of stillborn baby
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Settlement secured for child who suffered a brain injury from feto-maternal haemorrhage and delayed delivery after mother was refused a caesarean section
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Compensation settlement and apology for family of stillborn baby after hospital admits negligent maternity care
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£300,000 compensation after negligent management of shoulder dystocia left boy with Erb’s Palsy
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£107,500 compensation for injuries caused by negligent repair of severe vaginal/perineal tear.
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£85,000 compensation settlement after swab left inside patient following caesarean section
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£200,000 settlement for woman left with faecal incontinence after negligence repair of a third-degree vaginal/perineal tear
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Admission of liability for young girl with severe dyskinetic cerebral palsy
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Admission of liability for a two-year-old girl with Erb’s palsy
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NHS hospital’s admission of liability for a boy’s brain damage following uterine rupture
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Liability settlement for teenager with dystonic cerebral palsy
Our medical negligence team
What our clients say
We cannot thank Susan and her team at Boyes Turner enough
What our clients say
We would all highly recommend them
Our clients receive the highest standards of advice and representation and are always treated with compassion, outstanding care and understanding of the physical, emotional, psychological and financial impact that life-changing injury can have upon their lives.
- We are nationally acclaimed for our claimant medical negligence expertise and the outstanding results we achieve for our clients.
- We are ranked as leading clinical negligence experts in the Chambers Directory and Legal 500 guides to the legal profession and are accredited for our specialist expertise by the Law Society, AvMA, and the Association of Personal Injury Lawyers (APIL).
- Our integrated multidisciplinary team offers our clients a full range of specialist help with compensation, rehabilitation, SEN, deputyship, personal injury trusts and community care.
- We secure maximum compensation in claims for adults and children who have suffered catastrophic injury and severe disability, and provide practical support for their families.
Our birth trauma insights
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Erb’s palsy disability support from compensation
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Perineal tears and OASI injuries in childbirth can I claim compensation?
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What medical records do I need for a birth injury claim?
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Understanding the Neonatal Care (Leave and Pay) Act 2023: Key Changes for Parents and Employers
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MBRRACE-UK latest data reports 254 maternal deaths in the three years from 2021-2023
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Birth Trauma Inquiry reveals scandalous levels of disregard and poor care for mothers in UK maternity units
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Our clients’ story, in their own words…
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Living with birth trauma and how to access support
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Traumatic birth guidance and resources with the Birth Trauma Association
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Latest MBRRACE-UK report warns maternal death rate is increasing
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