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Mistakes in maternity care can be made during pregnancy (antenatally), during labour and birth, immediately after birth (postnatally) or in the early days of the baby’s life (neonatally).

During this time, the mother and baby may receive care in various locations from a range of healthcare professionals, including their GP, midwives, ultrasonographer/radiologist, hospital obstetric and paediatric doctors, anaesthetists, nurses and the neonatal unit team.

Despite the many different people who are involved in caring for the mother and baby, this multi-disciplinary team of healthcare professionals must work together to provide care of a standard which ensures the safety of both mother and child.

What is birth injury?

Birth injury, or birth trauma, refers to harm or injury suffered by a baby around the time that they were born. (For information about how to claim compensation for injury caused to the mother during a negligently managed pregnancy or birth, click here.)

Birth injury claims often involve severely disabling conditions, such as cerebral palsy or severe neurological disability. These claims should be handled by solicitors who are specialists in complex, high value, medical negligence litigation. The brain-injured child’s solicitor should be authorised by the Legal Aid Agency to handle cerebral palsy and serious birth injury claims with the benefit of Legal Aid to ensure that the child receives their full entitlement to compensation.

Serious birth injury is uncommon, but when a baby suffers unexpected harm it can be devastating to the individual child and their family, with consequences affecting every aspect of their life and reaching far into the future.

Whilst some conditions occur naturally, other types of birth-related injury, such as cerebral palsy and Erb’s palsy, can be caused by mistakes in maternity or neonatal care.  It is natural for parents of an injured child to seek an explanation as to what went wrong, whether directly from the hospital or through the legal process. When the answer is that their baby’s brain injury and disability was caused by negligent errors in their maternity or neonatal care, they are entitled to claim their child’s legal right to compensation.

Why use our birth injury solicitors for your birth injury claim?

Boyes Turner’s cerebral palsy and birth injury lawyers are top rated by Chambers Directory and the Legal 500. Our medical negligence team act exclusively for injured patients and their families.

Our extensive expertise and specialism in cerebral palsy and serious birth injury cases enables us to identify where things have gone wrong in childbirth and to recognise where a client is likely to succeed with their claim.

Our success rate is exceptional, as is the care we give each client family. We know the heartache and worry that many parents feel when deciding whether to approach a solicitor about making a medical negligence claim. We give clear and straightforward advice and take great care in identifying cases that we believe have reasonable prospects of success. We do not string parents along by pursuing cases that we believe will not ultimately succeed.

We understand the disability and loss that is suffered when maternity errors cause avoidable harm. We are experts in pursuing these claims and recovering top value compensation awards. We are committed to genuinely understanding and meeting the needs of our clients.

Our severely disabled clients benefit from our targeted approach to their claims. We work hard to secure early admissions of liability and interim payments which allow us to make a real difference to our clients’ lives, long before the claim has concluded. This means that our injured child claimants benefit more quickly from using specialist equipment in their adapted home, increasing their independence and communication, accessing supported education in their chosen schools. Their parents receive help with (and respite from) meeting their child’s 24-hour-a-day care needs and are supported by specialist case managers who are on hand to help with access to essential services and therapies. Financial hardship is alleviated. Worries about how the child’s care will be paid for in the future are eased. The child can participate in family life within in a suitably adapted and supported home environment whilst our high value claims specialists work on valuing and negotiating settlement of the claim.

NHS Resolution have admitted liability – do I need my own solicitor to handle my child’s cerebral palsy claim?

The NHS is defended in medical negligence cases by NHS Resolution. NHS Resolution also appoints its own solicitors to represent the NHS in negligence claims. Since April 2017, NHS Resolution and its own solicitors (who are defending the NHS) have started directly contacting the parents of babies who have suffered brain injury during childbirth, where the NHS maternity care could lead to a claim.

If NHS Resolution or one of their solicitors has contacted you and has admitted that your maternity care was handled negligently, it is vital that you immediately seek independent, specialist legal advice.  

Boyes Turner are one of the few firms who have experience of handling cerebral palsy claims under NHS Resolution’s Early Intervention Scheme. We have found that even when NHS Resolution admits to the parents of a brain-injured child that their maternity care was negligent, they sometimes delay or avoid accepting full liability for the cause of the injury. In our experience, the interim payments that they offer tend to fall far short of the sums that the child is entitled to receive and that we routinely secure for our clients.  The sooner the parent comes to us after a birth injury or contact from NHS Resolution, the sooner we can secure a full NHS admission of liability for causing the child’s injury and begin meeting the child’s needs with a substantial interim payment.  

Meet your team

Susan Brown

Partner

Richard Money-Kyrle

Partner

Julie Marsh

Senior associate - solicitor

Vanessa Wand

Senior associate - solicitor

Nicola Anderson

Associate - solicitor

Rachel Makore

Associate - solicitor

Alpa Rana

Associate - solicitor

Fran Rothwell

Associate solicitor

Sita Soni

Associate - solicitor

Tara Byrne

Solicitor

Ben Ireland

Solicitor

Audrey Elmore

Medical records coordinator

Nicky Melville

Professional support assistant

What types of maternity mistakes can lead to birth injury compensation claims?
How much compensation can you get for a birth injury?
Is there a time limit for birth injury claims?
How can we protect our vulnerable child from publicity after they receive their compensation?
What type of birth injury can be compensated?
How is birth injury compensation paid?
How long does it take to get compensation for a birth injury?
Can you get Legal Aid for birth injury claims?
How much compensation can you get for medical negligence?
How to make a medical negligence claim?
How long do medical negligence claims take?
How to fund a medical negligence claim?
How can you prove medical negligence?
Is there a time limit for claiming medical negligence compensation?
Will I need to go to court to claim medical negligence compensation?

Birth injury cases

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Our teams have been nationally recognised over the past decade for their dedication and commitment to securing maximum compensation for our clients

What our clients say

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"Successfully negotiated a full and fair compensation"

Boyes Turner staff were always helpful and quick to respond. Communicating from the other side of the world presented no problems. Boyes Turner secured generous early interim payments that allowed me to continue my (non-funded) medical treatment that otherwise I could never have afforded. My Boyes Turner solicitor successfully negotiated a full and fair compensation and continuation of funding for future medical treatment and associated costs giving me great peace of mind. Thank you so much Annabelle! I would recommend Boyes Turner solicitors. They are professional, courteous and helpful. 

Brian

"More compensation than expected"

"Boyes Turner provided us really great support and the staff are very professional & supportive. They kept us up to date at all stages and helped us win the case. We got more compensation than expected. We will definitely recommend them to our friends". 

Boyes Turner client

"Clear and understandable advice"

Your explanations and advice were clear and understandable and seemed eminently sensible. Clearly they were, with the result achieved. 

Eddie West

"Fantastic and invaluable support"

The advice and support I had from the team was fantastic and invaluable. They put mine and my wife's mind at rest on many occasions and got a great result for us. Thank you from all of us. 

Mr Horne

"No hesitation in recommending "

Your easy and friendly manner has made a difficult situation much more tolerable. We shall have no hesitation in recommending Boyes Turner to anyone who might need your help. 

Mr & Mrs Smith