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Birth injury » What is birth injury


For many people, pregnancy and giving birth is one of the happiest times of their lives and its estimated that there are 700,000 successful births in the UK every year. Unfortunately accidents also happen and when they do, the effects can be traumatic for everybody involved, particularly close family.

Sadly, a lot of birth injuries can be avoided and are often the result of incompetence on the part of the doctors involved or medical negligence in not following procedures properly. Around seven out of every 1000 babies born will suffer an injury during the birth process.

Birth injuries affecting the baby or the mother

Complications with delivery, medical inefficiencies, staffing issues or NHS funding problems can threaten the safety of mother and baby before, during and after the birth. Birth accidents can affect either the baby or the mother and often have serious implications for the health of both.

Injuries to the mother can include avoidable vaginal tears, improper use of forceps, fissures, incorrect suturing following an episiotomy and infections.

Injuries to the baby during a birth accident can include cerebral palsy, facial palsy, brachial plexus injury, umbilical cord complications, ruptured placenta, skin irritations, arm fractures, brain damage, eye infections and injuries, hypoglycaemia and spinal cord injuries.

Medical negligence and birth injuries

If a birth injury occurs, the obstetrician who oversaw the delivery and/or the midwives present at the birth and who looked after the baby afterwards may be held accountable.

Birth injury cases often point to a failure to properly assess or observe unusual conditions, problems and complications during a pregnancy or birth. These can include failure to diagnose or react to hypertension and failure to perform a necessary Caesareane

In the UK, medical malpractice and the issue of liability comes under the category of professional negligence and an attending doctor will be deemed liable unless they are shown to have acted in accordance with a body of medical opinion on the subject of births and delivery.

The medical profession has a duty of care towards their patients. This means that they are responsible for carrying out procedures with due diligence and in the proper manner. If they fail to do so and their patient suffers as a result, a medical negligence claim may be made against the staff member(s) involved.

How to claim


At HappyClaim, we have a sensitive and supportive approach to helping our customers claim compensation. We understand that you may have been through a difficult time and are sympathetic to your circumstances.

We are experts in medical negligence compensation claims and have extensive experience in dealing with these types of cases. If you or somebody that you care about has been involved in a birth injury that you are sure is somebody elses fault, we can assist you.

Our no win no fee policy means that if your claim is not successful, you will not have to pay any money for the solicitor representing you. We will take out after-the-event (ATE) insurance, which protects you from costs incurred after this point, as well as the fees of the other party involved.

If you would like to talk to us about making a medical negligence claim against a hospital or other establishment, please call 01582 437070 for free legal advice on making a birth injury claim.