National Bereaved Parents Day, July 3rd, established in 2020. Aims to raise awareness and honour bereaved parents from all walks of life, bringing them together to show them they are not alone.
This year’s theme “Together We Are Stronger,” encourages everyone to participate in spreading the message. While helping understand the legal support you can receive with a birthing injuries claim.
As of 2025, they have introduced a National Bereaved Parents Day (NBPD) gift box, including an awareness ribbon, wristband, and beautifully crocheted heart.
Get involved and send it to someone you know that holds a baby or child in their hearts. Offer your support and let them know you care and are thinking of them.
Medical negligence claims: What is a birth injury?
Birth injuries can be life-changing for both the mother and her newborn child, often due to developmental abnormalities or trauma.
These injuries can have significant impacts on the child’s mental well-being and the financial implications for both parties.
Mistakes made by doctors or midwives during pregnancy, labor, and delivery can lead to these injuries. While some injuries may be unavoidable, others may result from inadequate care or treatment.
If you or your child suffered because of medical negligence, you may be entitled to make a birth injury compensation claim.
What is a birth injury claim?
Parents can file a birth injury claim if they receive substandard care during pregnancy and childbirth, leading to potential harm to themselves or their child, or even loss of a child.
There are several types of claims surrounding birth injury, compensation and the most common types of birth injury we help clients with include:
- Physical Injuries to Mother During Birth
- Injuries Following Use of Forceps
- Injuries To the Child During Birth – Cerebral Palsy or Erb’s Palsy
- Misdiagnosis Of Pre–Existing Conditions
- Injuries Received After Birth as The Result of Negligence
- Midwife Negligence Claims
- Maternity Negligence
- Obstetric negligence
Using a specialist medical negligence solicitor is crucial for cases involving birth injuries.
They understand the specific negligence type and can help individuals seek justice, secure a settlement, assist with medical treatment, and assist with home modifications.
How do I know if the doctors caused my baby’s injury?
Once you realize that your baby suffered a birth injury, the natural questions for most parents become how and why. Many parents do not even consider the possibility that their baby’s birth injury might be the result of neonatal care failure, a mistake by the doctors or hospital staff during delivery.
But the fact is that medical negligence is one of the reasons why your baby suffered a birth injury. Even the best doctors make mistakes. If you think your healthcare providers may have been responsible for the injury, the only way to know for certain is to consult a medical expert and get a formal opinion from them.
The impact of Child loss: Post-Natal depression (PND)
Every mother knows the anguish of losing a child and Post-natal depression, so it is critical to remember the experience of childbirth will affect every mother differently.
Birthing injuries can negatively impact women’s mental health and well-being, causing stress before, during, or shortly after childbirth.
Many women will suffer in silence and refuse treatment for with PND and PTSD. However, it is a common effect of birth with 3 in 10 new mothers experiencing PND or PTSD.
Common signs of post-Natal depression (PND) include:
- Difficulty bonding with their baby
- Difficulty with sleeping
- A feeling of guilt and isolation
- A feeling of exhaustion and hopelessness
- The feeling of ‘failure,’ and that the events of a baby’s birth was their own fault.
In the event of a birthing accident, it is imperative that women and suffering families seek care, therapy, and compensation for such a sensitive matter.
Frequently asked Questions:
What can I expect when making a birth injury claim?
Looking into making a claim may be the last thing on your mind if you or your baby has suffered a birth injury, or a loss of a child. But we can assure you that making a birth injury compensation claim with the right team behind you could make your life a lot easier.
If you have sadly been affected by a birth injury, you may be left with pain and suffering that may need expensive treatment. Compensation for birth injuries can help with:
- Any private care and treatment costs
- Medical equipment
- The cost to friends and family who may have helped you.
- Specialist equipment including adaptations to your home or car.
- Rehabilitation costs and ongoing care costs
- Any loss of earnings
- Pain, suffering, and emotional distress
How is birth injury compensation calculated?
Birth injury compensation is based on the physical, mental, and emotional impact of the injury, including loss of earnings, care costs, and trauma, and depends on the injury type, severity, and duration.
A birth negligence compensation calculator can estimate claim value, including special damages like financial losses and adaptation costs. Final compensation figures vary, but up to millions of pounds could be owed for birth injuries.
Who will pay my birth injury compensation?
If the NHS delivered your baby, a body called NHS Resolution will be responsible for paying your compensation.
NHS Resolution has its own budget, and money is put aside every year to cover the cost of payouts. This means that your claim against the NHS will not directly impact their finances.
If you were in the care of a private healthcare provider when you gave birth, it is their insurer that will manage your birth injury compensation claim. All private healthcare organisations have insurance in place to cover claims made against them.
Is there a time limit on childbirth injury claims?
If you are making a claim for your own birth injuries, you will have three years to do so. But we would recommend starting the process sooner rather than later.
Seeking legal advice early will help your solicitor gather relevant evidence to support your claim, such as medical records and witness accounts. It may also be easier for you to remember what happened.
Parents can claim compensation for their child before they turn 18, with legal action taking until they are 21. Starting a claim while their child is young can help cover costs associated with additional care and medical treatment.
A child can file a birth injury claim on their behalf up to their 18th birthday, and if they have the mental capacity, until their 21st birthday. Medical negligence claim time limits are typically three years from the negligent injury date but may be extended for later knowledge or for those without mental capacity.
Will I need to go to court for a birth injury claim?
According to the NHS Resolution Annual Report in 2022/2023 at least 80% of clinical claims settled without court proceedings. It is likely that your birth injury claim will not require you to go to court, but you should not rule it out.
If your case does go to court, please do not worry. At Been Let Down, our legal experts will be here to guide you calmly through the process, offering our presence, support, and expertise. As such, you can be confident that we will look after you every step of the way.
Further information:
National bereaved parents day.
Oakwood Solicitors Clinical Negligence team.
Mothers Birthing injuries.
Child Birthing injuries.
WHAT TO DO NEXT:
If you feel you have experienced any of the above, please contact the Clinical Negligence team at Oakwood Solicitors, who will be able to advise in respect of a claim.
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page or call us on 0113 200 9720 to find out how we can help you.
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Carol Cook joined Oakwood Solicitors in May 2017 to lead the Medical Negligence Department.
Carol handles a wide range of clinical, cosmetic and dental negligence claims and has years of experi…
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