Birth Injury Claims

Who can bring a birth injury claim?
You may be able to claim compensation for any injuries your child has suffered during or after childbirth as a result of medical negligence i.e. because of a mistake made by a doctor or other medical clinician.

Hay & Kilner have acted for clients whose complaint relates to a range of birth injuries including:

• Cerebral palsy
• Erb’s palsy
• Hip/Shoulder Dysphasia
• Oxygen deprivation

As a minor, to pursue a claim for clinical negligence arising from the incidences of their labour, delivery and birth, your child will need to have a Litigation Friend appointed to act on their behalf and provide instructions in respect of the birth injury claim on a day-to-day basis.

Why choose Hay & Kilner?
Hay & Kilner’s team of specialised clinical negligence solicitors has recovered millions of pounds of compensation on behalf of their clients in birth injury claims.

• Claimant awarded over 24 million for birth injury claim

We provide a high-quality service and will take the time to get to know you and understand exactly what you/your child has been through to get you the compensation you deserve. We represent clients in all areas of the North East and are happy to visit you at home if you ever have difficulty attending the office.

If your child is suffering from a serious injury and/or disability, we can assist in arranging appropriate rehabilitation and care packages to ensure your child gets the care and assistance needed to help them, and you, live with their injury.

When to make a birth injury claim?
An Act of Parliament sets out time limits for bringing a clinical negligence. In birth injury claims, the Claimant (child) will have been under 18 years old at the time of injury and therefore you have three years, from their 18th birthday, to pursue a claim i.e. you must bring a claim before the eve of their 21st birthday.

If the claim relates to a child who passed away as a result of medical negligence and/or birth injury, a claim must be brought within 3 years of the date of death.

Find out more about when to pursue a birth injury claim with our article Is it too late to bring a clinical negligence claim?

How much does it cost to make a birth injury claim?
There are several ways a birth injury claim can be funded; the most common being under a Conditional Fee Agreement on a ‘no win no fee’ basis. However, unlike many other law firms we are also able to assist with cases which qualify for legal aid funding. Read more about the different ways to fund your potential birth injury claim with our article No Win No Fee and other options for funding your medical negligence claim.

How long will a claim take?
Birth injury claims usually take several years to reach a resolution. The timescale will depend on the severity of your child’s injuries, your child’s age, current and future care needs and whether or not your doctor or other healthcare practitioner accepts responsibility for your child’s injuries.

How do I start a birth injury claim?
If you think you may be entitled to compensation for a birth injury to your child, contact our team on 0191 232 8345 or using our online contact form and we will arrange an initial appointment to discuss your potential claim free of charge.