Birth injury claims
If you or your child have suffered a birth injury due to medical negligence, the specialist birth injury solicitors at Switalskis are here to help you get answers, justice, and the compensation you deserve.
Pregnancy and childbirth are meant to be safe and joyful, supported by skilled doctors and midwives. When mistakes happen and you or your baby are injured, the effects can be devastating — physically, emotionally and financially. Feeling let down by the professionals you trusted is deeply distressing, especially when the harm is life-changing.
At Switalskis, we support you during difficult times. We help you find the answers to your questions, by doing everything we can to establish what went wrong and determine whether you are entitled to claim compensation. Whether the incident affects the mother, baby or both, we have the specialist knowledge and experience to help you move forward.
To speak to one of our specialist birth injury solicitors about your situation in confidence, call us on 0800 1380 458 , or contact us through the website.
To speak to one of our specialist birth injury solicitors about your situation in confidence, call us on 0800 1380 458, or contact us through the website.
We understand the difficulties that can occur during pregnancy and when delivering a baby. Sometimes, the urgency to deliver a baby quickly and safely can mean that important steps are missed, or events go wrong. Even in these cases, doctors must follow correct procedures and do everything they can to deliver your baby safely. If you or your child were injured, you may feel that mistakes have been made that could have been avoided.
As a result, you may want any or all of the following:
At Switalskis our solicitors understand how emotionally challenging birth injuries are. You’ll be matched with a solicitor you feel comfortable with, who will listen carefully and treat your case with the sensitivity it deserves. We have successfully secured millions in compensation to support lifelong care, therapies and adaptations for affected children and families. Many of our cases are funded by conditional fee agreements (claiming on a no win, no fee basis), meaning you pay nothing unless we win your claim.
Many of our expert birth injury lawyers are accredited by the Law Society and AvMA (Action Against Medical Accidents). Our team continues to grow to meet demand across the UK - recent appointments have strengthened our specialist medical negligence team , making sure clients can access the highest level of expertise wherever they are.
Birth injuries can affect the mother, the baby or both. They often happen during complex or delayed labour, or when medical staff fail to act quickly on warning signs. Understanding how a birth injury was caused is the first step towards getting answers and, if appropriate, making a birth injury negligence claim.
We recognise the numerous challenges mothers may face during childbirth. At Switalskis, we're here to support you with your birth injury case. If you've experienced any form of injury during childbirth, rest assured that we're here for you. Types of birth injuries to the mother include:
Sometimes, a healthcare professional's oversight can result in an injury to your child with long-lasting effects. If your child has suffered any type of birth injury, we're committed to providing the legal support you need. Types of birth injuries to the child include:
In November 2018, baby Leo Thomson was born prematurely by emergency section at Calderdale Royal Hospital in Halifax. Tragically, Leo died just one day later at Forget Me Not Children’s Hospice in Huddersfield, after suffering brain damage at birth.
Nottingham University Hospitals (NUH) NHS Trust has been fined £1.6 Million by the Care Quality Commission (CQC) after admitting to failing to provide safe treatment for three mothers and three babies who tragically died within months of each other in 2021.
The mother of a young woman born with a brain injury, caused after being starved of oxygen for too long, has spoken of the family’s 25-year struggle for justice. A High Court judge found failings in her care led to a negligent delay in delivery.
A teenage girl with severe physical and learning disabilities has been awarded compensation worth £21.6 million after a London hospital NHS Trust admitted that her injuries could have been avoided if appropriate care had been provided.
The High Court in London has approved a multimillion pound settlement for a man who sustained severe brain injuries at birth. Bradford Teaching Hospitals NHS Foundation Trust admitted his injuries could have been prevented with proper care.
The inquest into the death of Baby Wynter Andrews concluded with the coroner stating that “obvious neglect” had contributed to Wynter’s death. It is hoped that the findings of the inquest will bring about greater scrutiny and transparency into the practices of NUHT.
We’re here to simplify the process of making a birth injury claim. Here’s a step-by-step guide to help you understand what to expect when making a birth injury claim.
Your journey begins with a simple conversation. Contact us to arrange a free, no-obligation consultation during which we'll listen to your story, answer your questions, and explain your options. This meeting will give us a clear picture of what we need to investigate.
Next, our expert legal team will investigate your circumstances. We'll gather and examine all the necessary medical records, consult with medical experts, and review your case thoroughly to understand its strengths and challenges. The aim will be to prove your or your child’s injuries were caused by medical negligence, and work out the potential value of the claim.
Once we have enough evidence, we'll send a letter of claim to the medical professionals involved, outlining the full details of the claim and the evidence supporting it. They'll then have a few months to respond, during which time they can conduct their own investigation and decide whether to accept liability.
Once the defendant has responded to the claim, our negotiations can start. Our expert medical negligence solicitors will negotiate on your behalf, using our expertise and experience to establish who was at fault and secure the highest possible compensation amount for you.
Most claims will be settled through negotiation, and a fair settlement will be agreed upon without needing to go to court. In rare cases, we may need to take your claim to trial. Should this happen with your claim, we will represent you in court and stand by you every step of the way.
If your claim is successful, you'll receive compensation that can cover the costs of care, therapy, equipment and adaptations to housing, ensuring the best possible quality of life for you and your child.
With Switalskis by your side, making a birth injury compensation claim becomes less daunting. We'll guide you through each stage of the process, providing clear advice, empathetic support, and legal expertise every step of the way.
With Switalskis by your side, making a birth injury compensation claim becomes less daunting. We'll guide you through each stage of the process, providing clear advice, empathetic support, and legal expertise every step of the way.
There are various options for funding claims. Many of our birth injury cases are funded using a conditional fee agreement (also called a no win, no fee agreement). In a conditional fee agreement, you will only pay legal costs if we win the case for you. This means you don’t need to worry about financial risk when making a claim.
In very limited cases, we can offer advice for free thanks to Legal Aid funding. Our solicitors can review and discuss your funding options and help you decide the best route to take.
In many medical negligence cases, it is possible to secure interim payments once the liable healthcare provider - whether that’s an NHS Trust or a private healthcare provider - accepts that negligence occurred. These payments can help with financial support, therapies, home adaptations and other immediate costs while the case continues.
The amount of compensation you could receive from a birth injury claim depends on the individual circumstances of your case. A range of factors are considered in the process of figuring out compensation. We look at the seriousness and type of the injury, how it’s affected day-to-day life, what future care and support might be needed, any loss of income or potential future income, and any extra costs that have come about because of the injury.
While we can't provide a definite figure without knowing the details of your case, we can assure you that our aim is to secure the maximum compensation you deserve. We’ll work diligently to assess all the aspects of your case, and fight for an amount that adequately covers your current and future needs.
Proving that a birth injury resulted from medical negligence involves a few key steps, and we're here to guide you through each one. It's about establishing a clear link between the actions (or lack of) of a healthcare professional and the injury you sustained. Here's how it works:
This can sound complicated, but our job is to simplify this process for you and gather the evidence into a compelling body of proof for your claim.
Birth trauma can have significant, lasting impacts on families, and you have every right to seek justice and compensation. This includes cases where the trauma has affected either the child or the mother during birth.
However, it's important to note that every case is unique, and your eligibility to make a claim can depend on specific circumstances and the nature of the trauma suffered. But don't worry - that's where we come in.
We’ll listen to your story, understand your situation, and provide clear, straightforward advice about your options.
If your child has experienced complications around birth, and you're worried about their development, you may be feeling overwhelmed, uncertain, and looking for answers. You're not alone and support is available.
Neurological damage to the brain around the time of birth or Hypoxic Ischaemic Encephalopathy (HIE) may develop while the baby is descending the birth canal during labour, or the injury may be caused by a lack of care or failure to act in the Neonatal Unit or Special Care Baby Unit (SCBU) in the days or weeks following birth.
Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.
Experiencing a birth injury can be life-altering and emotionally challenging. In such moments, you need a trusted partner to navigate these unfamiliar and traumatic times. This is where Switalskis steps in.
Birth injury compensation claims can be complex, but your understanding of them doesn’t have to be. We’re committed to breaking down complex legal terms into clear, understandable language. We answer your questions, simplify the complicated, and make sure you fully understand every step of the process.
We take the time to understand you and your unique situation. We listen to your concerns, respect your emotions, and provide thoughtful advice tailored to your needs. You're more than just a client to us - you're a person going through a challenging time, and we're here to lend our full support.
When dealing with something as important as a birth injury compensation claim, you need to know you're in safe hands. At Switalskis, we bring together decades of experience and a proven track record in birth injury claims. We're dedicated to fighting for your rights and achieving the best possible outcome for you and your family.
Many of our lawyers are accredited by both the Law Society and AvMA (Action Against Medical Accidents) as recognised specialists in their field
Our team is driven to protect your rights and ensure your voice is heard. We’ll guide you through every step of the claim process, ensuring you're informed and empowered to make the right decisions.
The time needed to resolve a birth injury claim varies widely because every case is different. Some childbirth injury claims can be negotiated and settled within a year; others, especially those involving severe and complex injuries, can take longer. This is because your solicitor must fully investigate how the birth injury was caused, gather detailed medical evidence and work with medical specialists to understand you or your child’s long-term needs before a final settlement is agreed.
In many medical negligence cases, it is possible to secure interim payments once the healthcare provider - whether an NHS Trust or a private healthcare provider - accepts that negligence occurred. These payments can help with financial support, therapies, home adaptations and other immediate costs while the case continues.
It’s essential that you have complete confidence in your legal representation, especially when dealing with something as sensitive as a birth injury claim. If, for any reason, you feel that your current birth injury solicitor isn't the right fit, you have the right to switch to a different one at any point in the claim process.
Changing solicitors doesn't mean you're starting from scratch. Your new solicitor will liaise with your previous one to ensure a smooth transition and to gather all the necessary details about your case.
At Switalskis, we aim to make this transition as simple as possible. If you're considering changing solicitors, you can get in touch today for a free, no-obligation conversation. Your comfort and confidence in your legal team are paramount, and we're committed to providing just that.
Birth injury compensation claims generally need to be made within three years from the point you experienced negligent care, or three years from when you first officially identified your injury. However, there can be exceptions depending on your unique situation.
If you're making a claim for a child, the three-year time limit doesn’t begin until their 18th birthday. Someone who can't make a birth injury claim on their own due to a lack of mental capacity may be exempt from this time limit altogether.
Parents and legal guardians can make childbirth injury claims on behalf of a baby or child who has suffered harm during or shortly after birth. If the mother has been left unable to bring a claim herself - for example because of serious injury or loss of mental capacity - a relative, friend or litigation friend may be able to act on her behalf.
Birth injuries can cast a shadow over what should be one of the happiest times of your life, but remember that you’re not alone. Our legal experts are here to listen, understand your unique circumstances, and fight for the best possible outcome for you and your child.
Contact Switalskis today by calling 0800 1380 458 or get in touch with us through the website to discuss your concerns in confidence with a legal specialist.