What you need to know
Short answerA UK birth injury claim arises where maternity, obstetric or neonatal care fell below an acceptable standard and caused avoidable injury to the baby or mother. For a child without capacity, there is no limitation deadline. Severe-injury settlements typically include a lump sum plus lifelong periodical payments for care and case management.
Common birth injury claims
- Hypoxic-ischaemic brain injury (HIE) leading to cerebral palsy — caused by delayed delivery, poor CTG interpretation, or failure to act on signs of foetal distress.
- Brachial plexus / Erb's palsy — mismanaged shoulder dystocia at delivery.
- Group B Strep infection — failure to identify or treat known risk factors.
- Mismanaged instrumental delivery — forceps or ventouse used inappropriately or beyond safe attempts.
- Failure to perform timely Caesarean section.
- Maternal injury — undiagnosed pre-eclampsia, third or fourth-degree tears not recognised, post-partum haemorrhage mismanagement, or retained placenta.
The Early Notification Scheme (ENS)
Since April 2017, NHS trusts in England must notify NHS Resolution of every baby born at term who suffers severe brain injury. NHS Resolution investigates within months — not years — and can admit liability, make interim payments for therapy, equipment and accommodation, and shorten the long delay families used to face. Engaging with the ENS does not waive your right to a full compensation claim.
How compensation is calculated
Severe birth injury awards are made up of general damages (pain, suffering and loss of amenity, applying the Judicial College Guidelines for brain injury) plus very large special damages covering future care, case management, therapies, equipment, adapted accommodation, loss of earnings and pension. Under the Damages Act 1996, future care is normally paid as an annual periodical payment order (PPO) for life, indexed to care-worker earnings (ASHE).
Funding a birth injury claim
Severe birth-related neurological injury is one of the very few areas where Legal Aid remains available. Otherwise, claims are usually run on a No Win No Fee Conditional Fee Agreement, with ATE insurance for adverse costs.
Frequently asked questions
What counts as a birth injury negligence claim?
A claim arises where substandard maternity, obstetric or neonatal care caused avoidable injury to the baby or mother. Common examples include cerebral palsy caused by oxygen deprivation, brachial plexus / Erb's palsy from mismanaged shoulder dystocia, and serious maternal injury from poorly managed labour.
What is the time limit for a birth injury claim?
For a child, the three-year limitation clock does not start running until their 18th birthday (so the deadline is their 21st). For a child who lacks mental capacity — as in many cerebral palsy cases — the clock never starts. Claims can be brought at any time. Adults injured during childbirth have the normal three-year limit.
How much compensation can a birth-injury claim be worth?
Severe birth injury settlements are the largest in UK clinical negligence — multi-million pound awards are routine where lifelong care, accommodation, therapies and loss of earnings are needed. Awards are usually structured as a lump sum plus annual periodical payments (PPOs) under the Damages Act 1996.
What is NHS Resolution's Early Notification Scheme?
Since 2017 NHS hospitals must report to NHS Resolution every baby in England born at term who suffers severe brain injury. NHS Resolution investigates early, can admit liability and make interim payments long before the family would otherwise have to start a claim — speeding up support for the family.