The arrival of a new baby should be one of the most joyful moments of a family’s life. But sometimes, things can go wrong during labour or delivery. This can result in the child or mother being left with lasting injuries, the impact of which can be profound and far-reaching.
If you or your child have suffered a birth injury, which you believe was caused by substandard care, you may have grounds to make a medical negligence claim against the NHS. This guide sets out what parents need to know. This includes how the claims process works, what you may be entitled to and why 2026 is a particularly important time to understand your rights.
Why Birth Injury Claims Are in the Spotlight in 2026
Birth injuries and maternity safety have rarely been far from the headlines in recent years. That scrutiny is set to intensify further ahead of the publication of Baroness Asha Amos’ National Maternity and Neonatal Investigation report expected to be released this Spring.
The report examines systemic failings within NHS maternity care and follows a series of high-profile independent inquiries. The Ockenden Report in 2022 identified repeated and serious failures in how NHS trusts managed labour, monitored foetal distress and responded to complications. These reviews found that a significant number of baby and maternal deaths and injuries were avoidable.
The Baroness Amos report is expected to add further weight to calls for accountability and reform. For families who have already been impacted, it serves as a reminder that they are not alone and that the concerns they raised may reflect wider, systemic issues rather than being isolated incidents.
What is a Birth Injury?
A birth injury is any harm suffered by a baby or mother during pregnancy, labour or delivery that results from a failure to provide an appropriate standard of care.
Birth injuries range in severity. Some resolve over time. Others result in permanent disability, requiring lifelong care, specialist equipment and significant adaptations to daily life. Common birth injuries include:
- Hypoxic-ischaemic encephalopathy (HIE) – brain damage caused by a lack of oxygen during labour or delivery. This is often linked to delayed intervention or failure to effectively monitor the baby’s heart rate.
- Erb’s palsy and brachial plexus injuries – nerve damage to the shoulder and arm. This is commonly associated when the baby’s shoulder becomes stuck during delivery.
- Cerebral palsy – a condition affecting movement and coordination that can result from lack of oxygen during birth or a traumatic delivery.
- Fractures and physical trauma – including skull fractures or broken bones caused by forceps or other equipment not being used properly.
- Maternal injuries – including serious tears, bladder damage or haemorrhage caused by failures in monitoring or surgical care.
Not every difficult birth is a negligence claim. Complications can happen even where the highest standard of care has been provided. There are two key questions to ask yourself:
- Whether the care you or your baby received fell below the standard that a competent medical professional should reasonably have provided.
- Whether that failure caused the injury.
What Does the NHS Owe You?
NHS trusts owe a duty of care to every patient. In a maternity context, that duty extends to both mother and baby. It covers the monitoring of labour, the management of complications, decisions about when to intervene, the use of instruments during delivery and the care provided in the immediate aftermath.
Where that duty is breached and that breach causes harm, you may have grounds for a negligence claim.
- Failure to identify or act on signs of foetal distress, including abnormal CTG readings.
- Delayed decisions to perform an emergency caesarean section.
- Inadequate monitoring during labour, particularly in high-risk pregnancies.
- Failure to identify or appropriately manage shoulder dystocia.
- Incorrect or excessive use of forceps or ventouse.
- Failure to diagnose and treat maternal infection, including Group B Streptococcus (GBS).
- Inadequate staffing levels or communication failures between clinical teams.
If any of these resonate with your experience, it is worth seeking legal advice to understand whether you have a potential claim.
How Do You Make a Birth Injury Claim?
Making a birth injury claim can feel daunting, particularly when you are also managing the emotional and practical challenges of caring for an injured child. Understanding the process can help.
The first step is to speak to a specialist medical negligence solicitor. At Liberay Legal, our team will listen to your experience, review the circumstances of the birth and give you an honest assessment of whether there are grounds to pursue a claim. There is no obligation to proceed and initial advice is provided in a straightforward, no-pressure way.
Getting legal advice
The first step is to speak to a specialist medical negligence solicitor. At Liberay Legal, our team will listen to your experience, review the circumstances of the birth and give you an honest assessment of whether there are grounds to pursue a claim. There is no obligation to proceed and initial advice is provided in a straightforward, no-pressure way.
Obtaining medical records
Your solicitor will request the relevant medical records – including your maternity notes, CTG traces, theatre records and discharge summaries. These form the foundation of any birth injury claim and allow independent medical experts to assess the care provided.
Independent expert review
An independent medical expert – usually a consultant obstetrician, midwife or neonatologist – will review the records and provide an opinion on whether the care fell below an acceptable standard and whether that failure caused or contributed to the injury. This expert evidence is central to the claim.
Letter of claim
If the expert evidence supports a claim, your solicitor will send a formal letter of claim to the NHS trust responsible. The trust then has a period of time to investigate and respond, either admitting or denying liability.
Negotiation and settlement
The majority of birth injury claims settle without the need for court proceedings. Where liability is admitted or established, the focus turns to the level of compensation – which takes into account the nature and extent of the injury, the impact on the child’s life and future needs, and the effect on the wider family.
Court proceedings
Where liability is disputed and settlement cannot be reached, court proceedings may be necessary. Your solicitor will guide you through this process and ensure your case is presented as strongly as possible.
How Long Do You Have to Make a Claim?
Time limits apply to medical negligence claims. In most cases, you have three years from the date you became aware – or ought reasonably to have become aware – that the injury may have been caused by negligent care.
Importantly, where the claim relates to a child, the three-year period does not begin to run until the child turns 18. This means that in theory, a claim can be brought at any point up until the child’s 21st birthday. However, waiting is rarely advisable.
Evidence becomes harder to obtain over time, memories fade and medical records can be more difficult to reconstruct. Acting sooner rather than later gives your case the best possible foundation.
Where a claim relates to a mother’s own injuries, the standard three-year limitation period applies from the date of the negligent treatment or from the date of knowledge, whichever is later.
If you are unsure whether your claim is in time, seek advice promptly. A specialist solicitor can assess the position and ensure no deadlines are missed.
What Compensation Can You Claim?
Compensation in birth injury cases is calculated to reflect the full impact of the negligence, both now and in the future. It typically covers:
- General damages – for pain, suffering and loss of amenity, reflecting the nature and severity of the injury.
- Cost of future care – often the most significant element in serious birth injury cases, covering the long-term care needs of a child with a permanent disability.
- Therapies and rehabilitation – physiotherapy, occupational therapy, speech and language therapy and other specialist interventions.
- Specialist equipment – adapted mobility aids, communication devices, specialist seating and home adaptations.
- Educational support – specialist schooling, tutoring and learning support.
- Loss of earnings – both for a child who will be unable to work in the future and in some cases, for a parent who has had to reduce or give up work to become a full-time carer.
In serious cases, compensation awards can be substantial, reflecting the lifelong nature of the impact and the significant costs involved in providing appropriate care and support.
Should You Make a Complaint First?
Some families choose to raise a formal complaint with the NHS trust before pursuing a legal claim. This is entirely a matter of personal choice. A complaint can provide answers and, in some cases, an acknowledgement of what went wrong. It does not prevent you from making a claim afterwards.
However, a complaint is not a substitute for legal advice and does not secure compensation. If you believe negligent care caused your child’s injury, speaking to a solicitor as early as possible ensures your legal options remain open.
How Can Liberay Legal Help With Your Birth Injury Case?
Birth injury claims are among the most complex and sensitive areas of medical negligence law. They require specialist expertise, access to leading independent medical experts and a genuine understanding of the long-term needs of injured children and their families.
At Liberay Legal, our Medical Negligence team has experience supporting families through this process – from the first conversation through to settlement or, where necessary, court proceedings. We take the time to understand your situation, explain your options clearly and pursue your claim with the care and determination it deserves.
If you have concerns about the care you or your child received during birth, we would encourage you to get in touch. Our team is here to listen and to help you decide on the right next steps.
