Birth Injury Compensation

Child birth injuries could be fatal. It can not only reduce the quality of life for the mother but cause significant damage to the baby as well.

However, child birth injury compensation claims are easy to make. 

I have compiled this complete guide to help you understand how to get the claim you are entitled to. 

This easy step by step guide answers all the important information you would want to know before making a claim.

What qualifies as a birth injury?

Structural or functional damage of a newborn child could be termed as a birth injury.

Moreover, an accident at the time of labour or delivery could also be referred to as a birth injury.

Can I make a birth injury claim for my child suffering due to medical negligence?

If your child has suffered injuries caused by medical negligence, you could get a compensation.

This could be as minor as prescribing the wrong medication or as major as delaying birth.

Birth Injury Compensation Calculator – Complete Process with Calculations Explained

Making a claim for a birth injury compensation is not as difficult as you think. The process begins with understanding how the injury occurred.

In case the injury was a result of medical negligence, gather evidence proving your trauma. 

However, if the injury was a result of childbirth, you need medical reports.

It is important to gather as much information as you can. This includes: medical records, witnesses, and pictures of the accident.

Furthermore, the compensation claims could depend on who sustained the injuries: the mother or the child.

Hire a personal injury solicitor to understand your individual case better.

After evaluating your case, your solicitor may apply for your compensation claims. Your injury claims depend on the severity of your trauma. 

You could receive a compensation claim ranging between £1,000 to £1million. The calculations could vary depending on the severity.

Can I get compensation for birth injuries?

If you are a mother who has sustained a birth injury, you could get compensation.

  • Cuts or bruises caused by a difficult birth
  • Abrasions due to a prolonged birth
  • Damaged pelvic floor muscle
  • Sprains and perineal tears
  • Rips in the muscle tissue
  • Fractured pelvis
  • Fractures leading to immobility
  • Fissures
  • Episiotomy errors
  • Infections
  • Anaesthetic errors
  • Perineal tears
  • Medical negligence

You could apply for a compensation claim through a personal injury solicitor.

What is the limit for applying for a birth injury compensation?

You are expected to apply within 3 years of the injury.

What type of birth injuries can I claim for my child?

You could make a number of birth injuries claims for your child. 

I will list some down for you.

  • Hip dysplasia

Trauma to the hip socket. Where the hip joint is partially dislocated.

  • Shoulder dystocia

This is when the child’s shoulder gets stuck between the mother’s pelvic bone. You could claim compensation for fractured arm or collarbone.

  • Klumpke’s palsy

In this case, the child’s arm is hurt during labour. In severe cases, the nerves could get damaged. Moreover it could also lead to finger, wrist, or lower arm paralysis. 

  • Erb’s palsy

This is when the child’s arms are hurt during labour. Moreover, the child could lose sensation or total paralysis of the arm.

  • Brain injuries

A severe trauma to the head or oxygen starvation during labour could cause this.

How much compensation can I get for a birth injury?

Birth injury claims may depend on the type of damage.

In case of your baby’s head injury, your claims could range between £1,300 to £47,000.

However, if your baby’s bones are fractured, the estimated compensation could go up to £74,150.

Furthermore, if the mother has sustained bruises or lacerations in the hip or pelvis region, she could get a compensation up to £3,460.

How much payout can I get for brain damage caused by a birth injury?

For a birth injury leading to brain damage, your compensation could range between £192,090 to £247,260.

However, if the brain injuries decrease the quality of life, the compensation could range between £247,280 to 354,260.

How much compensation can I claim for a damaged pelvic floor muscle?

Birth injuries could lead to tears or sprains in the pelvic floor muscle.

On average your compensation claims could range between £3,460 to £11,040.

What is the average payout for a pelvic fracture caused by a birth injury?

A fractured pelvis is termed as a severe injury.

For a severe case, you could receive an injury claim between £68,740 to £114,810.

However, for a less severe case, you could get a compensation ranging between £34,340 to £46,040.

Is cerebral palsy a birth injury?

Cerebral palsy is a common birth injury caused by oxygen starvation during labour.

You could make a claim for the following symptoms:

  • Lack of coordination 
  • Lack of development on motor control
  • Slow speech development
  • Muscle not toned properly
  • Difficulty in hearing
  • Blurred vision
  • Seizures
  • Decrease in intelligence

Who can make a birth injury compensation claim?

I will list down the legal entities who could apply for claims.

  • Mother of the child: for birth injuries sustained by the child and herself.
  • The father: in case of the death of the mother or injuries sustained by his child.
  • Estate of the mother: Financial loss incurred in case the mother dies during childbirth.
  • Family members: In case the mother is a single parent, the family members could make a claim.
  • Dependants of the mother: In case of medical negligence resulting in death of the mother the dependents can apply for the claims.

The claims could be made through a personal injury solicitor. 

Can I claim compensation for long term effects of a birth injury?

I will list down the compensation claims you could apply for.

Compensation for pain and suffering for the mother:

  1. Permanent disability such as pelvis fractures
  2. Long term pain and healing
  3. Ruptured pelvic floor muscle
  4. Psychological damage
  5. Post traumatic stress disorder

Compensation for pain and suffering for the child:

  • Disability caused by compound or complex fractures
  • Cerebral palsy
  • Mental disabilities
  • Brain damage
  • Permanent scarring such as lacerations

What should I do if my child has sustained a birth injury?

It is important you gather as much evidence as you can. This may help you if you decide to claim compensation later. 

Compile a list of all your financial expenses incurred. This could include: medical fees, traveling, or even check ups.

Moreover, if the injury was a result of medical negligence, collect documentations to file against the third party.

Apply for a claim through a personal injury solicitor for your child.

How much can I claim for organ damage caused by birth injuries?

Your compensation claim could depend on the severity of the injury.

For hernia, your payout could range between £3,000 to £15,750.

In case of a lung disease your payout could range between £15,000 to £87,000.

However, in case of serious chest damage, your payout could range between £45,000 to £95,000.

How much can I claim for cerebral palsy?

On average, you could get claims ranging between £200,000 to £1,000,000. However, your compensation could increase depending on the severity of your personal injury.

What is the average payout for brain damage caused by birth injuries?

On average your claim could range between £185,000 to £1,000,000. However, your personal injury compensation could increase depending on the severity.

How much can I claim for brain damage caused by a birth injury?

Birth injuries claim depend on the severity of the trauma.

In case the brain damage that is disabling, your compensation could range between £145,000 to £1million.

For a minor head injury, your compensation could range between £1,500 and £9,500.

However, for lowered mental capability, your compensation could range between £28,000 to £155,000.

For lowered memory and concentration, your injury compensation could range between £10,000 to £30,000.

What type of medical negligence claim can I make?

There are a number of birth injuries caused due to medical negligence.

You could receive a compensation for the following:

  • Misdiagnosis: Wrong diagnosis leading to a birth injury
  • Anaesthesia problems: Mishandled anaesthesia given to the mother at the time of birth.
  • Cosmetic procedures: Errors or mishandles surgical procedures
  • Care negligence: Mishandled child or mother after child birth
  • Incorrect surgical procedure: Mishandles surgical or medical procedure

Frequently Asked Questions (FAQs)

How much can I claim for chronic pain after birth injuries?

For chronic pain, your compensation claim could range between £7,500 to £60,000.

What is the average payout for psychiatric damage after a birth injury?

In case of a minor injury, your payout could range between £1,750 to £3,000.

For a moderate injury, your claim could range between £2,750 to £11,500.

However, for severe psychiatric damage, your payout could range between £12,500 to £37,000.

Can I get a claim if my child is stillborn?

Your compensation could range between £12,000 to £100,000.

Additional funeral costs could be added ranging between £3,000 to £10,000

Can I make a claim for PTSD after a birth injury?

Your compensation could range between £2,000 to £72,000 for PTSD.

However, for severe PTSD, your compensation could range between £30,000 to £70,000.

Can I claim compensation for scars caused by birth injuries?

Your compensation could range between £1,000 to £100,000 for your scars. However, the amount could increase depending on the severity.

What are the benefits of injury claims?

You could receive a number of benefits through an injury compensation.

These include:

  • General damages:

Expense incurred for pain and suffering. This could include physical and mental injuries.

  • Special damages:

Expense incurred on: loss of earning, traveling, medicines, etc.

Can I make a claim for a scar after a birthing injury?

You could apply through personal injury claims in this case. 

Your solicitor will evaluate your case. If your scar was a result of medical negligence, you could be entitled to more payout.

birth injury compensation calculator

Conclusion:

Birth injuries could lead to severe consequences. It is important you get legal advice for your injury as soon as possible.

I would advise not to worry about the finance. The compensation claim will provide all the accommodation you are entitled to. 

Follow the instructions carefully for complete information about your personal injuries compensation.

Feel free to contact us for further information.

About the author

Scott Nelson

Scott Nelson is a financial services expert, with over 10 years’ experience in the industry, including 6 years in FCA regulated companies. Read more
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