Birth Injury

Expert Legal Support for Families Affected by Birth Injuries

An injury to a newborn baby is devastating for the child and the family. Where your child has suffered an injury as a result of health professionals’ failure to provide an acceptable standard of care, you may be able to claim compensation.

“I had an excellent experience with Prosperity Law LLP. Their professionalism and dedication to client care were clearly evident.”

Ms P

Birth Injury Solicitors

Birth injuries can occur for many reasons:

Failure to monitor the baby’s wellbeing during labour
Delays in recognising signs of foetal distress
Failure to perform a cesarean section in a timely manner
Incorrect use of forceps or ventouse
Failure to respond appropriately to emergencies during labour
Lack of appropriate neonatal care following birth
Failure to identify maternal infection

Types of Birth Injuries

Birth injuries can vary significantly in severity and long-term impact. Examples include:

Cerebral Palsy

Cerebral Palsy may develop where a baby suffers a lack of oxygen (Hypoxia) to the brain during labour or delivery.

Erb’s Palsy and Brachial Plexus Injuries

These occur where excessive force is used during delivery, sometimes when there is a shoulder dystocia, i.e when the shoulders get stuck. These injuries can affect nerves in the shoulder and arms.

Neonatal Injuries

Inadequate treatment following birth can lead to serious complications including infections, respiratory problems and avoidable neurological injuries.

We understand that no amount of compensation can undo what has happened. However, we can obtain compensation that provides financial security, access to specialist care, rehabilitation, adapted accommodation and other support services that can significantly improve your child’s quality of life.

Birth injuries are complex and require detailed investigation by specialist solicitors. Our specialist team will handhold you through the legal process and give clear advice and compassionate support.

Understand your options

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Common Birth Injury and Medical Negligence Questions

We have a breadth of experience in the area of Birth Injury and Medical Negligence, here are some of the questions we get asked most.

Get answers from an expert

What are birth injury claims?
Birth injuries can have devastating consequences for both mother and child. These claims often involve failures to monitor labour, delays in intervention, or mistakes during delivery.

We support families with cases involving:

Cerebral palsy

Hypoxic brain injury

Shoulder dystocia

Maternal injury

Negligent antenatal or postnatal care

Our solicitors handle birth injury compensation claims with exceptional care, ensuring families receive the answers, support, and financial security they need.
How do surgical negligence claims work?
Surgical negligence happens when an avoidable error occurs before, during, or after surgery. This may include:

Wrong‑site surgery

Retained surgical items

Nerve or organ damage

Post‑operative complications that were not properly managed

We guide clients through surgical negligence claims, working with leading medical experts to establish what went wrong and secure appropriate compensation.
Can I make a claim against the NHS?
Yes. Many of our clients pursue claims against NHS Trusts. These cases are handled with professionalism and sensitivity, and making a claim does not affect your right to ongoing NHS treatment.

We can help you:

Understand whether the care you received was negligent

Access your medical records

Obtain independent medical evidence

Navigate the NHS complaints process

Pursue compensation where appropriate
What happens if negligence caused a death?
How do I fund a clinical negligence claim?
If your claim has prospects of succeeding we may offer funding on a a No Win, No Fee basis. This means:

No upfront costs

Access to specialist medical experts and barristers

We also arrange After the Event (ATE) insurance to protect you from adverse costs.

Why Choose Prosperity?

Partner‑Led Support Throughout Your Case

Your matter will be overseen by a senior solicitor, ensuring you always have a consistent point of contact who understands your situation and guides you from start to finish.

Specialist medical negligence lawyers

Our team includes highly experienced solicitors with expertise in complex injuries, including brain injury, birth injury, and fatal claims.

Compassionate, responsive service

We understand the emotional impact of medical negligence. Our approach is supportive, clear, and focused on helping you move forward with confidence.

Talk with a solicitor

What Our Clients Say

“I suffered a very traumatic hospital experience and I am so grateful for the support and expertise I received from Jane Lynch and the medical negligence team at Prosperity Law. They always treated me with compassion, respect and understanding. They handheld me through the process, always took time to explain it to me in a straightforward way and answered any questions I had. It was a complex claim and I always felt that Jane had my best interest at heart. Her hard work and dedication resulted in a successful settlement which provided financial security and Justice for what I had been through. I would highly recommend Jane Lynch and the medical negligence team. “

“I had the privilege of working with Jane Lynch at Prosperity Law on an incredibly emotional and challenging case. From the moment we started, Jane demonstrated unparalleled professionalism and understanding. She handled the complexities of the case with such care and attention, always keeping our best interests at the forefront. Throughout the process, her expertise and compassion were truly exemplary.

She made a difficult situation much more manageable, and I cannot recommend her services highly enough. If you’re looking for a lawyer who is both skilled and empathetic, Jane is the one to turn to.”

Mr S

Meet Our Birth Injury Team

Jane Lynch

Partner & Head of Clinical Negligence

Rebecca Massey

Partner, Clinical Negligence

Our Medical Negligence Experience

Our head of department and Partner, Jane Lynch, is an accredited member of the Law Society as a specialist in clinical or medical negligence and is a fellow of the Royal Society of Medicine. She is recognised as a highly experienced leading practitioner in England and Wales.

Jane specialises in high-value complex claims. One of her areas of particular expertise is birth trauma cases and brain injury. She has achieved millions in compensation for her clients.

Read more about our medical negligence experience below:

Law Society Clinical Negligence Accreditation

Case 1 - Failure to report an MRI scan correctly

A boxer sought damages after he suffered a head injury following a ‘Knock Out’ in circumstances where there had been a misreporting of his annual brain MRI. Annual health checks are a requirement for boxers to ensure they are fit to box; this includes an MRI scan.

The claimant underwent his annual MRI, but the neuroradiologist failed to report that there was evidence of blood products on the image, which was indicative of a head injury. The claimant relied upon the case of Muller v Kings College Hospital [2017] EWHC 128 (QB) and argued that this case was a pure diagnostic case i.e. ‘there is no weighing of risks against benefits and no decision to treat or not to treat; just a diagnostic…decision which is either right or wrong, and either negligent or not negligent.’

There were other allegations of breach of duty; however, they would only serve to complicate matters in circumstances where all causation flowed from this clear breach of duty care, relating to a diagnostic, rather than treatment, decision.

The Claimant argued that had the finding of blood products been reported, his boxing licence on the balance of probabilities would have been revoked. He would not have been boxing when he sustained a head injury and fractured jaw in subsequent fights.

Causation was complicated because the claimant had visual problems and the MRI’s also showed evidence of repetitive head injuries from repeated boxing matches. The neuro-ophthalmology evidence was therefore essential in determining whether, on balance, the eye issues were due to the head injury that would have been avoided, or the repetitive head injuries from boxing generally.

The claimant recovered compensation for the head injury, fractured jaw and other financial losses.
Case 2 - Failure to prescribe medication

There was a failure to prescribe Alendronic acid for osteoporosis for a 5-year period. The claimant was not aware for the 5 years; once she was made aware and the issue corrected, she was extremely fearful of fractures and altered her lifestyle to minimise risks.

Fortunately, a bone density scan, 3 years after the medication was prescribed as it ought to have been, showed that any loss of bone density had been restored.

The claimant succeeded in a claim for pain and suffering for several years.
Case 3 - Failure to use the correct size hip replacement component

There was a failure to use the appropriate-sized stem during hip replacement surgery, leading to early failure. Several revision surgeries were required due to loosening of components and infection. The claimant succeeded in a claim for compensation for several avoidable surgeries, pain and suffering and financial loss.
Case 4 - Injury during childbirth

A young mother fortunately delivered a healthy baby although she suffered an acute kidney injury during childbirth.

The injury arose because removal of the placenta was problematic and she lost a significant amount of blood. A blood transfusion was necessary but a mismatched blood transfusion was administered. This resulted in permanent acute kidney injury and psychological damage. This affected her day to day living, her long term prognosis and reduced life expectancy.

The claim settled out of court for an amount over £500k.

Get The Guidance You Need From Our Trusted Birth Injury and Medical Negligence Team

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