Birth Injury Solicitors | Medical Negligence | Howells LLP
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Birth Injury Claims

Having a baby is one of the most exciting times in many people’s lives, however, there are times when things can go wrong. Whilst there are advances in medicine and midwifery care, sometimes injury during or after birth can occur, with tragic consequences. 

Our medical negligence team can help you pursue a claim for compensation. 

What is a Birth Injury Claim?

Birth injury cases include injury to the mother, the baby or both and all of these can be devastating, particularly if the injury was caused by an avoidable mistake by a medical professional. A birth injury claim may be possible, however, these cases tend to be complex because of the legal and medical technicalities involved. 

Cerebral palsy is the most common birth injury claim, but there are other types that vary from damage to the brain and scarring or damage caused during assisted delivery. Our medical negligence team have been successful in birth injury claims involving: 

  • Maternal infection
  • Cord prolapse
  • Cord compression
  • Ruptured placenta
  • Haemorrhage
  • Delay in delivery
  • Stillbirth

What Can I Claim for a Birth Injury?

When making a birth injury claim, we need to take into consideration the nature of the injury or illness caused, whether you or your child will recover fully from the injury or illness or if it has long-term effects, and also the number of losses you incur as a result of the injury or illness. 

Once these have been factored in, you will be able to claim compensation for the following: 

  • Pain, suffering, and loss of amenity
  • Loss of earnings
  • Medical and nursing care costs
  • Special equipment needed to carry out daily activities 
  • Adaption costs for your home 
  • Other expenses incurred as a result of the injury

How Our Birth Injury Solicitors Can Help

Our birth injury solicitors at Howells LLP have a wealth of experience in this area, and we understand the sensitive nature in which these claims need to be handled. We also provide support for families in relation to bringing a legal claim forward and also in relation to coming to terms with what has happened. Our birth injury solicitors will seek the support you or your child need to help you both make the best possible recovery.

Birth Injury Claims FAQs

Is there a time limit for birth injury claims? 

The time limit for a birth injury claim can vary. This is because where a child sustains an injury at birth, the time limit for bringing a claim will often expire when they turn 21. However, if the child never gains mental capacity, time limits don’t apply. If it is a birth injury to the month, the time limit will be 3 years from the date of injury or when they became aware of it. We recommend contacting our birth injury solicitors as soon as possible, so we can begin to take action.

What is the process for making a birth injury claim?

Birth injury claims can be complicated and may take a long time. This is because the legal process involves investigative work to pinpoint exactly what happened and whether there has been medical negligence. The first step is to get in touch with our medical negligence team, who can guide and support you every step of the way.

Medical Negligence Articles

The Team

Our Medical Negligence team, headed up by the highly rated Michelle Gyte, is a specialist practice group driven hard by their belief that everyone is entitled to access to justice.

Professionally, this is a group of highly skilled, very diligent medical negligence lawyers who scrutinise every aspect of a claim, and represent their clients tirelessly. Very simply, they want to give people the best possible chance of continuing their lives with the requisite financial and medical support.

Personally, they are down to earth, friendly and approachable people whom you can talk to and confide in. They’ve seen most things and understand how these traumatic incidents can devastate lives, gauging the true cost of the physical, psychological and emotional damage sustained. They will listen and encourage and then use their technical skills to translate everything that they’ve heard and felt into positive action for you.


“You have made a very fortunate choice of legal representation who have done a fantastic job of persuading the Defendants to part with a large sum of money. I am certain that no legal team could have done better.” His Honour Judge Robinson, Medical Negligence Case, 2021 talking of the Howells team.

Chambers UK

The prestigious Chambers UK 2022 guide ranks the department highly and says Howells is a “noteworthy team offering a broad range of clinical negligence advice to clients, including related human rights claims. Further experience in claims concerning issues surrounding failures in hospital care, including severe birth injuries and delayed diagnoses. Also acts on spinal injury claims, amputations and fatal accidents. The department possesses significant experience in medical inquests.”

“They go the extra mile for the client and are highly efficient.”

Michele Gyte is named as a Star Associate in this area of law and that she is “A very good lawyer – technical, conscientious and hard-working.”

Legal 500

The Legal 500 2022 recommends Howells Clinical Negligence department, saying “Michelle Gyte directs the clinical negligence offering at Howells Solicitors. A specialist in birth injury and fatal accidents, she oversees a team notable for its expertise in niche areas such as prison healthcare, inquests and the interests of secondary victims. Notably the firm also covers matters arising from mental health care, purported violations of the Human Rights Act and supports families during inquests linked to the coronial process.”

Jenna Kisala is also named as a key lawyer in this field.

Jenna Kisala

0114 249 6754
Michelle Gyte

0114 249 6695
Amy Fiddler

0114 249 6673
Rebecca Pepper

0114 249 6712
Sasha Marshall-Congreve

0114 249 6706