Having a baby should be a joyful and memorable event but, sadly, we know not every pregnancy or delivery goes according to plan. Mistakes made in care provided during pregnancy, labour or shortly after birth can have devastating consequences. If you or your child have been affected by these, our experienced solicitors are here to help you secure the compensation you deserve.
We specialise in birth injury claims, having represented hundreds of families like yours. We take the time to understand your situation and work tirelessly on your behalf to achieve maximum compensation, so you can look ahead to the future.
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Making a birth injury claim – how we help
We handle your claim sympathetically, keeping what matters to you at the centre of all that we do. Our focus is on getting both the answers you need and the financial settlement you’re entitled to.
We understand the claims process can feel challenging, but we make this as straightforward as possible. Our friendly and approachable team will:
- Offer a free initial consultation
We’ll discuss your experience, assess whether your medical care fell below acceptable standards, and explain your funding options — including Legal Aid and no-win, no-fee arrangements.
- Clear, honest advice
We’ll guide you through each stage of your claim with straightforward, jargon-free advice, and provide regular updates so you’re always informed.
- Get you access to top medical experts and barristers
We work with leading medical professionals and legal Counsel to ensure your case is robust and has the best chance of success.
Birth-related injuries and when you can claim compensation
You may be entitled to claim compensation if you or your child have suffered injuries due to mistakes in medical care related to child birth. These can include:
Cerebral Palsy
Cerebral Palsy can be caused by damage to the brain, and this can occur due to oxygen deprivation before, during, or shortly after birth, or the failure to manage other treatable conditions that can arise It can severely affect a child’s movement, coordination, communication and development. We have particular expertise in Cerebral Palsy claims and understand the complex needs of children and families living with this condition.
To find out more about how we can help click below
Erb’s Palsy (Obstetric Brachial Plexus Palsy)
Erb’s Palsy is a condition affecting movement in the arm or shoulder, often caused to a child by trauma during their birth. It can result when shoulder dystocia occurs (when the baby’s shoulder becomes stuck during delivery) and excessive force is used by medical staff to free the baby, causing damage to the brachial plexus nerves.
We are the leading firm in the Country in representing families whose children are affected by this avoidable injury, having conducted over 300 cases
We’ve worked closely with the Erb’s Palsy Group for over 30 years, supporting them to increase awareness and promote a better understanding of this condition.
To find out more about how we can help click below.
Group B Strep Infection
Group B Streptococcus (GBS) is a common infection that can be passed to a baby by the mother during labour. If not diagnosed and treated, it can lead to serious complications such as meningitis, sepsis, or pneumonia and sadly even death We assist families where failures in screening or management of GBS caused avoidable harm.
We have unrivalled experience in handling Group B Strep claims, helping families to achieve maximum compensation and the support that they need to ensure the best quality of life.
Please contact the Group B Strep Support Group who can provide personal support for your family.
To find out more about how we can help click below.
Neonatal Jaundice and Kernicterus
Most babies develop mild jaundice after birth, but if it becomes severe and is not promptly treated, it can lead to a rare but serious condition called Kernicterus.
This preventable condition occurs when bilirubin (a bodily waste product) builds up to dangerously high levels, and it can damage areas of the brain and leading to lifelong injuries such as:
- Cerebral Palsy
- Hearing and visual impairments
- Problems with mobility, coordination, and learning
- Incontinence and speech difficulties
To find out more about how we can help click below.
Hypoglycaemia (Low Blood Sugar)
Failure to recognise and treat low blood sugar in newborns can result in significant brain injury, leading to cerebral palsy or neurodevelopmental delay. and require lifelong care and support.
Babies need blood sugar (glucose) for energy, and glucose is the primary fuel for the brain. Premature or small babies, those born to a diabetic mother, or who had a difficult delivery may be particularly at risk of hypoglycaemia Also babies who are not feeding properly, so are not receiving the nutrition that they need.
Hypoglycaemia can be treated if action is taken quickly to support feeding or if necessary, by providing glucose.
We act for families who have received inadequate feeding support and monitoring of their newborn babies, been discharged home from hospital too soon, or where medical staff have failed to act promptly on signs of low blood sugar.
To find out more about how we can help click below.
Surgical or Instrumental Injuries to Mother and/or Baby
Birth interventions such as forceps or ventouse delivery can cause significant trauma when not performed correctly. This may result in physical injuries to the baby (including fractures, scarring or nerve damage), or serious maternal injury such as perineal tears or pelvic floor trauma.
Stillbirth and Neonatal Death
The loss of a baby is one of the most heartbreaking and devastating experiences a family can go through. If your baby was stillborn or died during or shortly after birth, and you believe this loss could have been avoided, we can help you to find out what went wrong and pursue a claim.
Stillbirth
In the UK, around eight babies are stillborn every day. Stillbirth accounts for over half of all baby deaths, and sadly, many of these could have been prevented with better care. Some of the most common causes include:
- Placental abruption
- Pre-eclampsia
- Infections
- Umbilical cord issues such as cord prolapse
- Intrahepatic cholestasis of pregnancy (ICP)
- Missed signs of distress in late pregnancy
Neonatal Death
Neonatal death refers to the death of a baby within the first 28 days of life. It can happen due to complications during or after birth, congenital issues, or failures in postnatal care. While many of these deaths are unavoidable, some are the result of negligent medical treatment.
Whilst no amount of compensation can make up for losing a child, making a stillbirth or neonatal death claim can often provide much needed answers for families to help them come to terms with the grief and trauma they are experiencing.
Our specialist team have many years of experience of helping families in these circumstances and can support with sensitivity, professionalism and empathy and signpost for additional help following the loss of a baby.
Support for Mothers
We can also help if you're a mother who suffered unnecessarily because of poor care during child birth. You may be experiencing ongoing problems, including:
- Perineal damage
- Incontinence
- Psychological damage such as PTSD or depression.
How bringing a birth injury claim can help you and your family
Our primary aim is that your birth injury compensation should make a real difference to you and your family, so you can move forwards positively. Your financial settlement can provide funds for medical and care needs, cover loss of earnings and give you peace of mind and financial security.
We also appreciate that making a birth injury claim is often about more than the compensation. Your case will be fully investigated, giving you a chance to get answers about what happened, to encourage lessons to be learnt so mistakes do not happen again.
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Will it harm the NHS if I bring a birth injury claim?
We put our trust in the NHS as a healthcare organisation to provide us with the right level of care. Most of its staff are highly qualified and have the patient's best interests at heart.
However, the medical profession has a duty of care to the people it serves. If that duty of care is breached and a patient is injured as a direct consequence, the law allows that patient to be compensated, as far as money can right the wrong. The aim is not to punish those responsible, but to compensate those who have suffered.
The NHS has financial provision in place to compensate patients when mistakes lead to avoidable injury. The cost of claims is shared among all NHS Trusts under the Clinical Negligence Scheme for Trusts into which each trust pays every year. Trusts with fewer claims against them pay less into the scheme. It is therefore in every Trust’s interest to avoid substandard care.
Why choose Tozers?
Our medical negligence solicitors have decades of experience, are known as birth injury specialists and have expertise in stillbirth and neonatal claims. We’ve achieved some of the highest awards of damages in the country.
Leading legal directory, Chambers & Partners, ranks us as a Band 1 law firm, noting that we are a "highly regarded clinical negligence practice (handling) complex claims", with an expertise in cerebral palsy cases that is “unparalleled by anyone else in the market”. Three of our Medical Negligence team are also named as ranked Lawyers: Endurance Arthur, Clair Hemming, Simon Mansfield We’re also ranked as a Tier 1 firm in the Legal 500, where our head of team, Endurance Arthur, is highlighted as a 'leading individual'.
We’re accredited as part of the Law Society Clinical Negligence Panel and work closely with several birth injury and baby loss charities. This gives us an in-depth knowledge of the legal, medical and practical issues relating to these claims. We’re here to help you get the support you need, as well as advise on your compensation claim.
Most importantly to us, our expertise is reflected in the positive feedback we receive from our clients.
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Find out how we can help you
If you or your child has suffered a birth injury, or if you have lost a child and believe mistakes were made, we’re here for you. Contact our specialist solicitors for a free initial chat about your situation and find out how you can get started. Use our online enquiry form or call us at 01392 207 020.