Ellie Hands answers the frequently asked question, ‘How much compensation could I receive for a birth injury affecting me or my child?’
Numerous investigations by NHS England have highlighted serious shortcomings within maternity services across the country. As a result, our team of birth injury lawyers is regularly contacted by families seeking guidance on whether they might have grounds for making a compensation claim after experiencing a traumatic birth.
One of the first questions that they ask is ‘How much compensation could I receive for a birth injury?’ But before we answer that, we will start by taking a look at who can make a legal claim.
Who can make a birth injury compensation claim?
If the child has been injured then their parent can make a claim, acting as a litigation friend. Alternatively, when the child turns 18, they can bring a claim of their own.
A parent can also make a compensation claim for their own experiences during the birthing process.
What Injuries Can Be Claimed For?
these are some of the most common birth injuries that we deal with.
For Mothers:
- Errors in suturing
- Incorrectly performed episiotomies
- Trauma during delivery
- Infertility or related complications
- Permanent sexual dysfunction
For Children:
- Fractures or broken bones
- Brain or head injuries
- Cerebral palsy or Erb’s palsy
How much compensation can be claimed?’
Moving on to the question, ‘How much compensation could I receive for a birth injury?’ it is important to examine the extent of the injuries and the long-term consequences.
As no two birth claims are the same, the amount of compensation will vary from case to case, assessed on the unique facts and events that arise in their specific birthing process.
When determining the likely award of compensation, we refer to the Judicial College Guidelines (JCG). These guidelines list different types of injuries and outline the typical compensation ranges associated. Here are some examples:
Psychological Injuries
- Moderate psychological injuries or PTSD resulting from delivery or labour, where there is significant disability but outlook for future recovery: £28,250 to £73,050
- Severe psychological injuries where all aspects of life are affected and the impact is long-term or permanent: £73,050 to £122,850
Physical Injuries
- Injuries leading to infertility and associated complications, such as the need for future surgeries: £140,210 to £207,260
- Injuries causing permanent sexual dysfunction (which is likely to be permanent): £52,490 to £124,620
- Shoulder injuries to a child, causing significant disability and associated neck issues: £23,430 to £58,610
- Moderate brain injury, where there is an intellectual deficit and a reduced or removed ability to work: £110,720 to £183,190
- Severe brain injury or damage, such as cerebral palsy, resulting in profound disability and reduced life expectancy: £344,150 to £493,000
Making a birth injury compensation claim
According to a 2024 survey by the Association of Personal Injury Lawyers, one in five UK adults have suffered an injury or illness due to another person’s negligence. But despite this, 41% of those individuals have never made a claim, leaving an estimated 4.3 million potential negligence victims without the compensation they may be owed.
If you have experienced a traumatic birth or believe your baby was injured during the birthing process, our specialist birth injury team is here to help. We are highly experienced in complex birth-injury litigation, successfully recovering millions of pounds in compensation for our clients. Our expertise includes handling cases involving cerebral palsy, brain injuries and other maternal injuries and complications. In recognition of this specialist knowledge, partner Oliver Thorne has been appointed to the AvMA Specialist Clinical Negligence Panel.
We offer a free consultation service and can work on a fully funded No Win No Fee basis.