A maternity brain damage claim seeks compensation for a preventable brain injury before, during or after your child’s birth. If your baby suffers a brain injury through a lack of care by a medical professional, you may have grounds for a medical negligence claim. 

A baby can suffer a brain injury due to complications during birth in hospital. You may have a claim for hospital negligence if your baby suffers maternity brain damage when the hospital breaches its duty of care to you. 

A No Win No Fee medical negligence solicitor handles your case if you have a maternity brain damage claim.

maternity brain injury claim

Table of Content

What is a maternity brain injury claim?

A maternity brain injury claim is when you make a claim for compensation against the hospital responsible for damage to your child’s brain before, during or after giving birth. 

You seek compensation for the care needed for the baby today and in the future. A brain injury to a baby could lead to life-long complications with high medical bills and constant care. The costs of providing for your baby will be high if they suffer medical negligence at birth. 

Medical negligence is medical care below that any other medical professional acting at an acceptable level would provide. When your baby suffers maternity brain damage, the injury could be due to poor pregnancy care, delivery errors, or failure to deal with infection post-delivery. 

Your No Win No Fee medical negligence solicitor can look at your case and see if you have a valid maternity brain injury claim for compensation.

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Common claims for brain injuries at birth

Common claims for brain injuries at birth range from not noticing a problem with the baby’s heartbeat tracing (known as a pathological CTG or an abnormal CTG) which shows the baby is in distress due to a lack of oxygen to failing to spot the signs of infection to errors when delivering the baby. A brain injury at birth will have serious consequences for the baby and the family. 

You may be able to make a claim for a brain injury at birth if your child suffers a brain injury due to medical negligence when having your baby.

Common claims for brain injuries at birth are:

  • Inadequate monitoring during labour leading to brain damage
  • Errors during delivery of baby causing brain injury
  • Cerebral palsy from maternity brain damage
  • Failing to treat Strep B in a timely manner
  • Delays in diagnosing Hydrocephalus
  • Kernicterus due to failure in maternity care

Inadequate monitoring during labour leading to brain damage

Inadequate monitoring during labour leading to brain damage is a very common claim in maternity negligence cases.

The maternity staff should be fully trained in all aspects of monitoring the baby in the womb and the implications of alerts when a mother is due to give birth. 

If the baby’s heart rate starts to rise or oxygen levels begin to drop, there could be a need for an immediate intervention. Maternity brain damage can result from restrictions in the oxygen flow, and the baby must be delivered quickly when under stress. 

A cardiotocography (CTG) will show patterns which show if the baby is in distress due to a lack of oxygen. Features such a slow heart rate, fast heart rate or decelerations occurring late after a contraction can be signs of a pathological (dangerous) CTG which means the maternity staff are on notice there is a problem and the baby may need to be delivered quickly by a means such as an emergency C-Section.   

The team should monitor the baby from the early signs of labour and continue to do so until the child is delivered. 

Failure to monitor the baby or inadequate monitoring could lead to maternity brain damage and a claim for medical negligence.

Errors during the delivery of the baby causing brain injury

Errors during the delivery of a baby causing brain injury are the likes of delays in delivering a baby, poor delivery methods, and not intervening for a Caesarean birth in time. 

A steady supply of oxygen before, during and after birth is essential to newborns, who could suffer brain damage if they are without oxygen for too long. 

The hospital should employ trained, fully qualified, and experienced staff to deal with all types of births. Most brain injuries at birth and during delivery are preventable; staff should recognise the danger signs well in advance. 

Your child could suffer the results for life, and you may be able to claim compensation for the medical negligence.

Cerebral palsy from maternity brain damage

Cerebral palsy from maternity brain damage is another very common claim in hospital negligence cases. Cerebral palsy leaves a child with complex needs for life, and a significant cause is maternity brain damage. 

A child in a breech position it will likely need to be delivered by Caesarean section. Failure to recognise a breech birth can lead to complications in delivery, with Cerebral Palsy a possible outcome. 

If you notice the signs of Cerebral Palsy in your child and suspect it is the result of a maternity brain injury, you could have a medical negligence claim for compensation.

Are you eligible for compensation?

If you want to obtain compensation for the negligence you have suffered, we have a simple 3 step process to make sure you get the money you deserve

  • Take our online assessment & speak with our team

  • Our team of doctors and lawyers will undertake a full medical review based on your medical records

  • We will send a legal letter of claim and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Failing to treat Strep B in a timely manner

Failing to treat Strep B in a timely manner can see a minor infection becoming a serious one and even putting the child’s life at risk. 

Strep B is an infection present in most mothers, and a course of minor antibiotics should prevent it from spreading to the unborn baby in the womb or during birth. 

If the child does contract Strep B, the hospital staff should treat it immediately. Strep B can cause complications such as a brain injury but is preventable when the obstetric staff do their duty. 

Lifelong brain injury can result from a simple, preventable infection such as Strep B, and you can claim compensation if the hospital fails to diagnose and treat a Strep B infection.

Delays in diagnosing Hydrocephalus

Delays in diagnosing Hydrocephalus can lead to the condition becoming worse and causing maternity brain damage in your child. Hydrocephalus is a buildup of fluid on the brain which can be drained if caught in time. 

The buildup of fluid will put pressure on the brain, causing maternity brain damage. Infection can occur if there are errors in keeping the shunt clean, which can also lead to brain damage. If the shunt gets blocked or is not fitted correctly, the fluid will not drain, increasing the pressure on the brain. 

A No Win No Fee solicitor can make your maternity brain damage claim for compensation.

Kernicterus due to failures in maternity care

Kernicterus due to failures in maternity care, can lead to severe brain damage and a shortened life expectancy. A baby can develop Kernicterus when high levels of bilirubin build up in the blood and cross into the brain.

A baby showing signs of neonatal jaundice should be treated accordingly to prevent Kernicterus. Failing to spot or treat the symptoms properly can cause brain injury and affect your child for life. 

If your child suffers a brain injury before, during or after birth, you may have a compensation for maternity brain damage claim.

Compensation for maternity brain damage claims

You can seek compensation for maternity brain damage claims in amounts from the low £10,000s to over £10 million in some cases. 

The compensation varies depending on several factors, and maternity negligence claims sometimes see very high awards, such as when a misdiagnosis leads to a severe brain injury and a lifetime of unnecessary suffering, intensive care, and chronic pain.  

Compensation amounts in maternity brain damage claims can be:

  • Missed diagnosis of Hydrocephalus – £250,000
  • Brain injury due to infected shunt – £1.5 million
  • Brain injury due to lack of oxygen at birth – £2.1 million
  • Brain injury due to failure to treat Strep B infection – £2.5 million
  • Cerebral palsy due to maternity negligence – £23 million
compensation claim calculator

All amounts are approximate and are only a guide to what is possible in maternity brain injury negligence claims. Figures can be high in some claims as a child could need long-term care, and you may face medical bills for life. You claim for these care expenses and the medical costs in the future. 

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to the medical complications. 

A No Win No Fee medical negligence solicitor will be the one to advise you on a maternity brain injury negligence claim. They will know from experience what your case may be worth and how to make a successful claim. 

Your No Win No Fee medical negligence solicitor will handle your maternity negligence claim for compensation and for all damages incurred.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

What can you claim for when you sue for maternity brain injury negligence?

You can claim compensation for any damages that occurred when you sue for maternity brain injury negligence. 

There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.

General damages are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to negligence. 

  • Pain is that above what is normally expected for your procedure 
  • Suffering is the inconvenience and changes to your life that cause you discomfort
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping

Special damages include loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future 
  • Future care costs are for any care you will need as a result of medical negligence 
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals 

Be sure to keep payslips, receipts, and proof of any losses you experience due to the medical negligence.  

You deserve compensation to cover all losses, including loss of life, medical costs, and long-term care needs. 

When your loved one suffers from the effects of maternity brain injury negligence, you make a claim for maternity negligence compensation.

medical negligence compensation types

Effects of a brain injury at birth

The effects of a brain injury at birth may be obvious, even in the hospital after delivery, while others may take time to develop in your child. Your child will suffer different effects depending on the severity of the brain injury. 

Serious effects of a brain injury at birth can lead to the baby needing intensive care immediately, while other effects may only become clear when the child goes to school. 

The effects of a brain injury are:

  • Learning disabilities
  • Behavioural issues
  • Shortened life expectancy
  • Difficulties in walking
  • Paralysis
  • Quadriplegia
  • Unable to live an independent life
  • Heart issues
  • Sight and hearing loss
  • Speech and language difficulties
  • Developmental delays
  • Difficulties in sitting, standing, and walking
  • Self-care problems such as dressing and using the bathroom
  • Cerebral palsy
  • Epilepsy

There are many effects of a brain injury at birth, and some children develop many of the effects, while others may only exhibit one or two difficulties. An early diagnosis and therapy can lead to improvements as the child grows and develops mentally and physically. 

If your baby suffered a brain injury at birth, you may have a claim for medical negligence compensation.

How do birth injuries occur?

Many birth injuries occur due to difficulties in delivery when the baby receives reduced amounts of oxygen. Birth injuries can also occur due to an untreated infection or errors made during delivery.

Staff should monitor both the baby and mother before and during delivery. Trained staff should know when and how to intervene when the baby’s oxygen levels go below safe levels. 

  • Strep B infections go undiagnosed and untreated

  • The umbilical cord is wrapped around the baby’s neck
  • A breech baby is not delivered by Caesarean section
  • Oxygen levels are not monitored
  • A distressed baby is not delivered after delays in labour
  • The baby’s head becomes stuck during delivery
  • Delivery doctor misusing forceps on baby

  • Delays in delivering a baby after due date

A significant cause of birth injuries at birth is a lack of trained and experienced medical professionals on duty in the delivery ward. A fully-trained doctor or midwife will have the experience to handle most birth complications and will know when and how to intervene. 

A No Win No Fee medical negligence solicitor will look at your case and see if you have a maternity brain damage claim for compensation against those responsible.

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“I am happy to accept the £3,000 compensation, I just want to thank you for helping me with this! Your service has been amazing!”

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“Medical Negligence Team Law quickly settled my medical negligence claim and I received 100% of the compensation recovered. I would highly recommend them.”

Miss P.R , North Yorkshire

“Our pharmacist gave my husband the incorrect medication and while on holiday and taking the medication my husband became seriously ill. We had to rush home from Spain as a result of this. Medical Negligence Team recovered the costs for our abandoned trip and compensation for the pain my husband endured while he was recovering. They were very friendly, responsive and we received 100% of the compensation with no deductions.”

Mrs A.P., Worksop

“Great service and communication from everyone at Medical Negligence Team Law throughout my claim. They handled my claim on a No Win No Fee basis and I received 100% of the compensation recovered.”

Miss A.W , Liverpool

“My late father had a fall in hospital breaking his hip which required surgery. The fall was due to a lack of supervision. Medical Negligence Team won our case and got us the compensation we deserved. We received 100% of the compensation recovered. Many thanks to all the team at Medical Negligence Team. Would definitely recommend them.”

Mr D.C., Nottingham

“I fractured my wrist and Barts Hospital Trust in London failed to arrange appropriate follow up in the fracture clinic and as a result my surgery was delayed. Medical Negligence Team Law obtained all my medical records and radiology and quickly settled my claim. I received 100% of the compensation recovered with no deductions”

Mrs C.M., London

“I needed surgery to remove an ovarian cyst. The NHS did the wrong operation first time round and they drained rather than remove the cyst. I then had to have a further operation to do the operation they should have done first time round with significant pain in between as the cyst came back. Medical Negligence Team quickly settled my claim. I received 100% of the compensation and was delighted with the service and communication throughout. They really are medical negligence experts”

Mrs T.S., South Yorkshire

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Mr B.H., Brighton

“I required Tegretol medication for my underlying epilepsy and nocturnal seizure control but my pharmacy gave me something completely different by mistake. As a result after many years of having no seizures I had a number of seizures, a fall and needed time off work. The Medical Negligence Team got me the compensation I deserved including money for lost wages. They also paid 100% of the compensation to me with no deductions.”

Mr J.B., Kent

“Following open surgery in October 2022 I continued to have pain in my wound. It was discovered a piece of drain had been left inside me causing me pain and suffering and the need to have a further surgical procedure to remove it. In June 2023 Medical Negligence Team Law completed my claim and I got 100% compensation awarded. Thank you.”

Mrs B, Hertfordshire

“My pharmacy issued me with quetiapine rather than venlafaxine which had a significant impact on my mental health. Andy, Anthony and the team at Medical Negligence Team were incredibly helpful and obtained compensation for the pain and suffering I endured as well as payment for loss of earnings. They paid all the compensation, 100%, to me. I would highly recommend them.”

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Mrs R. R., South Yorkshire

Who is responsible for a maternity brain damage claim?

A medical professional is responsible for any maternity brain damage claims. When you bring a claim for maternity negligence, you claim against the NHS Trust or private clinic that employed the medical professional responsible.

A medical professional responsible for a maternity negligence claim could be:

  • The doctor who makes the errors during delivery
  • The obstetrician who fails to monitor the mother before labour
  • The hospital doctor who fails to monitor the mother and baby during labour
  • The hospital responsible for the maintenance of maternity standards
  • The obstetrician who fails to test for Strep B
  • The hospital responsible for hiring suitable medical professionals
  • The hospital responsible for maternity procedures
Who is responsible for medical negligence

Every medical professional owes you a duty of care when dealing with your health problems. You may suffer maternity negligence if they breach that duty of care and do not provide you with a professional service during labour and birth.

Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into monitoring you and the baby and doing standard tests, the obstetrician has missed the Strep B or low oxygen levels, which is clear medical negligence. 

By behaving less-than-professionally, the doctor risks your health and that of your baby and may cause maternity brain damage. Your baby could live with the effects of the maternity negligence for life.

You can claim compensation for the maternity negligence and get help with caring for your baby and preparing them for a life of care.

Who is eligible to make a claim for maternity brain damage?

The parents of the child are eligible to make a claim for maternity brain damage. They are the ones responsible for providing care for the baby and ensuring the child is financially protected for life. 

If the parents cannot make a claim, the legal guardians of the child can make the maternity brain damage claim on behalf of the child. 

In most cases of maternity brain damage, the injured baby cannot make a claim themselves due to the nature of the injury. In all such cases, the parents or guardians can make the claim, and the money will be held in trust for the baby’s needs.


 A No Win No Fee medical negligence solicitor can advise you on who is eligible and on the steps involved in making a claim for maternity brain damage.

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If you have been a victim of any form of medical negligence? We specialise in pursuing damages against negligent healthcare providers. 

It’s free and easy to speak with one of our team of medical negligence professionals.

What are the steps involved in making a maternity negligence claim?

The parents of the child are eligible to make a claim for maternity brain damage. They are the ones responsible for providing care for the baby and ensuring the child is financially protected for life. 

If the parents cannot make a claim, the legal guardians of the child can make the maternity brain damage claim on behalf of the child. 

In most cases of maternity brain damage, the injured baby cannot make a claim themselves due to the nature of the injury. In all such cases, the parents or guardians can make the claim, and the money will be held in trust for the baby’s needs.

A No Win No Fee medical negligence solicitor can advise you on who is eligible and on the steps involved in making a claim for maternity brain damage.

Seek medical advice on the injuries you have suffered or are suffering immediately you realise you or your child experienced maternity negligence.

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered maternity negligence. 

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim. 

You are the one who suffered medical negligence, and you should get all the money due for the suffering.

Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid maternity negligence claim. 

The medical negligence team will know from your medical records if the case will result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the maternity negligence in what is known as ‘sending a letter of claim.’ 

When the negligent party receives the letter of claim, it has up to four months to provide a written response.

Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion. 

The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.

 If they admit liability, your maternity negligence claim can be valued, and the two parties will meet to decide on your compensation payment. 

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.

Issuing court proceedings is the next step if they deny liability in your maternity negligence claim. 

Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered. Your medical negligence solicitor issues the court proceedings.  

Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.

making a medical negligence claim

How long do you have to make a claim?

The parents have three years to make a claim for brain injury at birth due to medical negligence. All medical negligence claims are subject to limitation periods, but there are exceptions with maternity negligence cases. 

In some cases, the diagnosis of maternity negligence is not made until a child is in their teens. The parents of the child can make a compensation claim when the child is under 18, but the young adult can make one until they turn 21 years of age. 

In England and Wales, medical negligence claims must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the maternity negligence claim. 

Children typically have until they reach 21 to start a medical negligence claim or court proceedings, but those who lack the mental capacity to claim are not subject to any limitation period. 

Your No Win No Fee medical negligence solicitor will advise on time limits and guide you through the maternity negligence compensation claim.

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If you have been a victim of any form of medical negligence? We specialise in pursuing damages against negligent healthcare providers. It’s free and easy to speak with one of our team of medical negligence professionals.

How frequent are brain injuries at birth in the UK?

Brain injuries at birth are not very frequent in the UK, yet they still happen, and a newborn baby could suffer for life from maternity brain damage. Brain damage at birth can occur due to poor care before the birth, errors during labour and failures in postnatal care. 

NHS statistics show the frequency of brain injury at birth and highlight that brain injuries do happen, and you should be aware of how they happen if your child is diagnosed. 

Brain injury at birth, per annum:

  • Infants born with a brain injury in the UK – 3,445
  • Total live births in the UK – 664,399
  • Rate of brain injury per 1,000 live births – 5.19

Incidence of different types of maternity brain injury: 

  • HIE, reduced blood oxygen in newborn babies – 1.5 cases per 1,000 births
  • Ischaemic stroke – 1 in 2,300 births per year
  • CVT stroke – 2.6 in 100,000 births per year
  • Brain bleeds in newborns – 3 per 10,000 births per year
  • Central nervous system infections in newborns 0.39 per 1,000 births per year
  • Kernicterus – 7.1 per 100,000 births per annum

Maternity brain damage can happen, and if your baby suffers from the effects of a brain injury at birth, you might have a claim for medical negligence compensation.

Contact The Medical Negligence Team

Contact the Medical Negligence Team today to discuss your maternity brain damage claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation. 

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim. 

We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases. 

Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered due to maternity negligence and deserve every penny of the compensation claim.

Contact us at the Medical Negligence Team for all your medical negligence needs.

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