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Birth Injury Claims Solicitors

Did you, your baby or your partner suffer due to an injury at birth? We can help you claim the compensation you need to secure your future.

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We know how devastating injuries before, during or after birth can be for babies, mothers and entire families, turning what should be a joyous occasion into a living nightmare.

If you or your child’s life has been changed forever due to substandard medical care, our expert solicitors are here to help you claim the birth injury compensation you deserve. With over 30 years of specialist experience and millions won for our clients, trust us to prove your claim and achieve a settlement that secures your family’s future.

Gillian Gadsby - Medical Negligence Solicitor, Co-founder and Managing Partner
Solicitor and Managing Partner
Gillian Gadsby

Our clients don’t pay a penny unless we win their case.

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Do you have a birth injury claim information

Do you have a birth injury claim?

If you, your baby or your partner suffers an injury before, during or shortly after birth, and this is due to a negligent act by your doctor, midwife or another healthcare professional, you may be entitled to make a birth injury claim.

From injuries to the mother such as perineal tears, to oxygen starvation causing a baby to be born with Cerebral Palsy. The impact of a birth injury can permanently change someone’s life – so it is vital you have legal support you can trust to secure compensation that protects your family’s financial future.

Gadsby Wicks Legal process for birth injury claims made by specialist lawyers and solicitors

The specialist birth injury claims solicitors for Essex & East Anglia

Since 1993, we have represented hundreds of claimants affected by all forms of birth injury, helping them win millions in compensation, get answers and gain the justice they deserve.

No matter the complexity of your case, we fully investigate what happened, gather the evidence to prove your claim, and help you achieve the right settlement – 96% of our cases settle outside of court. We do all this on a ‘no win, no fee’ basis, so you won't pay a penny unless we win your claim.

How much could your birth injury claim be worth?

What does our birth injury claims process look like?

Free consultation: Legal process to validate a negligence claim
A free initial consultation

Call us, request a callback or complete our online form and we’ll assess if you have a valid medical negligence claim.

Funding your claim and no win no fee: Legal process for a negligence claim
Funding your claim

Discover the ways we can fund your claim without you paying a penny at any stage of the process.

Evidence investigation: Legal process for a negligence claim
Investigating evidence

We gather medical records, witness statements and more to learn what happened to you and prove your claim.

Medical experts to review your case: Legal process for a negligence claim
Instructing independent medical experts

We work with impartial, experienced medical experts to establish whether your injuries were due to substandard medical care.

Valuing your claim for compensation: Legal process for a negligence claim
Valuing your claim

We assess your health and financial losses to accurately estimate how much compensation your claim is worth.

Presenting your case: Legal process for a negligence claim
Presenting your case

We contact the Defendants and the Courts on your behalf to set out your allegations and receive a response.

Negotiating a settlement: Legal process for a negligence claim
Negotiating a settlement

We work to achieve a fair settlement for you outside the courtroom – this is how 96% of our cases end.

Litigation and preparing for trial: Legal process for a negligence claim
Preparing for Trial

If we must proceed to Trial, we fully prepare you for what to expect so you receive the right result in court.

We believe everyone has the right to justice, no matter their financial circumstances. At Gadsby Wicks, we ensure you can claim without ever paying anything upfront – guaranteed.

Find out how we can fund your claim 100% risk-free
Our funding options

What you need to know about birth injury claims

How can birth injuries happen?

Birth injuries happen occasionally when mistakes are made in antenatal care, during labour and delivery, or soon after birth. If a baby, its mother (or both) are injured because of such a mistake and it causes them physical and/or psychological injury leading to mental health conditions, they are said to have suffered a birth injury or trauma. A birth injury can have a life-changing impact on the whole family.

Not all birth injuries are preventable, or can be blamed on anybody in particular, but when birth injuries that lead to conditions such as cerebral palsy can be attributed to the direct fault of a doctor or medical staff – because they failed to notice or react to a situation such as a lack of oxygen in reasonable time, or that they were not competent to perform clinical tasks that led to a brain injury – grounds for birth injury compensation claims can arise.

What are the different types of birth injury?

There are numerous types of birth injury under a wide range of classifications. These birth injuries and how they occur under specific circumstances can form the basis of a successful birth injury claim. 

Birth injuries can affect both the mother, be it a traumatic birth injury, perineal injuries, or poor treatment across their stay in hospital, or the baby, whether this is poor antenatal care, injuries suffered during birth, or oxygen deprivation leading to brain damage.

Prominent examples of birth injury claims include:

What is the birth injury claim process?

Our birth injury claim process is no different than claiming for other medical accidents. Once arrangements for funding your claim are finalised, which can include legal aid, your claim will be handled by one of our specialist solicitors, who will work with you throughout your case. They will meet with you to establish a detailed history of your medical treatment and the issues you or your loved one suffered.

We will then thoroughly investigate your birth injury claim, gather all information required – including your medical records and witness statements – and have these assessed by an independent, experienced medical expert. If they believe there is sufficient evidence, your claim will proceed. In most instances, we can advise you on chances of success or possible outcomes during our initial consultations.

Even if we determine that it is not in your best interests to pursue a negligence claim, our investigations and extensive knowledge of medical negligence law will often shed light on the nature or cause of your birth injury, which may help give you peace of mind over the incident.

While 96% of our claims settle outside of court, we will gladly support you to Trial if we feel it is necessary. For this reason, every claim we accept and handle is prepared for court proceedings.

Why do complex claims require specialist birth injury solicitors?

Our birth injury lawyers have the specialist knowledge and expertise to build a strong medical negligence claim for you and will help guide and support you when bringing a claim. Whilst we can't turn back the clock, the financial compensation achieved from a successful birth injury claim settlement can help ease the burden and cover the costs of immediate and future care or equipment for families who have been affected.

Some children are severely disabled from birth and require care for life. This means that they may have a physical or neurological injury of varying severity. Cerebral Palsy and Erb's Palsy caused by clinical negligence are some of our biggest cases. Settlements for a birth injuries case can help claimants pay for long-term physical therapy, rehabilitation or modifications to the home required for your children as they grow up.

A mother who is injured during birth can suffer pain and ongoing problems, or may need surgery because of the damage caused by the negligence.

As accredited birth injury solicitors and clinical negligence specialists with the Law Society’s Clinical Negligence Accreditation Scheme and the Association of Personal Injury Lawyers, we understand all the implications of birth injury claims in all circumstances. Together with carefully chosen medical professionals, we can properly assess and support cases to achieve suitable compensation for your loved ones.

How long do birth injury claims take to settle?

There is no set answer to this question, as it can significantly vary on a case-to-case basis. A claim for perineal tears suffered by a new mother may take anywhere from a year to 18 months to reach its final settlement.

For injuries to babies resulting in long-term conditions such as Cerebral Palsy or Erb’s Palsy, it can often take 5 years or more to investigate and settle. This is because we often have to wait until the child grows up to establish the full impact of their condition, and consequently determine a fair value of birth injury compensation.

Furthermore, if claims proceed to Trial, it may take several more years to conclude. In these circumstances, you may be entitled to interim compensation payouts to support you financially through this difficult time.

Is there a time limit to make a birth injury claim?

As with all types of negligence claims, there is a time limit for birth injury claims – which must typically be made within three years of the injury being realised.

Timescales of birth injury claims statistics and infographic of how long you have to make a claim

However, there are exceptions. If the birth injury is suffered by a child, they have until their 21st birthday to make a claim. This allows three years from their 18th birthday, when they legally become an adult, to claim in their own right. There is also no time limit for anyone who does not have the mental capacity to act on their behalf.

If a potential claimant dies within the initial three-year period, the qualifying time starts again from the date of their death for their dependants to make a claim.

In certain circumstances, the courts may allow birth injury claims from outside this time limit. If your birth injury happened longer than three years ago, we can advise on whether your claim is likely to be considered.

Contact our expert birth injury claims solicitors

If you or a loved one have experienced a birth injury and would like to speak to someone about your options, our team is here to listen and advise you on your next steps.

  • We are the only medical negligence specialist firm in Essex & East Anglia
  • 96% of our cases are successfully resolved outside of court
  • No win. No fee. You only pay if your case is successful
  • Work alongside one specialist solicitor throughout your entire case
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Lexcel accredited medical negligence claims solicitors

We are proud to be a Lexcel-accredited practice. The accreditation is a mark of quality and comes directly from the Law Society.

A recent assessment described us as a “Centre of Excellence” and we continue to operate to the highest standards across all main areas of our field. These include client care, case management, financial management, structure and strategy, people management, risk management, information management and file management.

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