Emerging from a successful medical negligence claim after childbirth is a huge milestone. For many families, it’s the end of a long, exhausting fight for answers and accountability. But once the claim is settled, a new challenge begins: making sure the compensation you’ve secured truly supports your child’s needs and helps your family build a better future.
Common and Contentious Birth Complications in Medical Negligence Claims
Birth injuries can take many forms, and not all are immediately obvious. Some complications are well-recognised in medical negligence cases, while others may be more contentious or difficult to prove. Understanding these can help families identify what happened and seek the right support.
Common Birth Complications:
Cerebral Palsy: Often linked to oxygen deprivation during labour, resulting in lifelong physical and cognitive challenges.
Erb’s Palsy (Brachial Plexus Injury): Caused by shoulder dystocia or excessive force during delivery, leading to weakness or paralysis in the arm.
Hypoxic-Ischaemic Encephalopathy (HIE): Brain injury from lack of oxygen, which can cause developmental delays, epilepsy, or learning difficulties.
Fractures and Physical Trauma: Broken bones, especially the collarbone or skull, from forceps or vacuum extraction.
Facial Nerve Injury: Damage from forceps or prolonged labour, affecting facial movement.
Infections: Failure to diagnose or treat maternal or neonatal infections (such as Group B Strep) can lead to sepsis or long-term harm.
Contentious or less obvious complications:
Undiagnosed Foetal Distress: Delays in recognising abnormal heart rates or signs of distress, sometimes disputed in claims.
Delayed Caesarean Section: Prolonged labour or failure to act quickly can result in avoidable injury.
Failure to Manage Pre-Eclampsia or Eclampsia: Poor monitoring or delayed intervention can cause stroke, organ damage, or premature birth.
Retained Placenta or Postpartum Haemorrhage: Inadequate management can lead to severe maternal complications.
Neonatal Jaundice: Failure to treat high bilirubin levels may result in kernicterus and brain damage.
Missed Congenital Conditions: Failure to detect or act on signs of congenital heart defects, hip dysplasia, or other conditions.
Examples of Compensation Awards and How Families Use Them
Example 1: Lump Sum and Annual Payments for Severe Birth Injury
A family receives a lump sum of £350,000 plus annual payments of £80,000 for life after their child suffers cerebral palsy due to negligent care during birth. The lump sum is used to:
Adapt the family home with ramps, a wet room, and widened doorways (£40,000)
Purchase a specialist wheelchair and communication device (£15,000)
Fund private physiotherapy and speech therapy for the first year (£10,000)
Cover legal and administrative costs (£5,000)
Set aside an emergency fund for unexpected needs (£20,000)
The annual payments cover:
Full-time personal care assistant (£35,000 per year)
Ongoing therapies and medical appointments (£15,000 per year)
Specialist educational support (£10,000 per year)
Transport to hospital and therapy (£5,000 per year)
Respite care for parents (£5,000 per year)
Miscellaneous costs and inflation buffer (£10,000 per year)
Example 2: Moderate Injury and One-Off Compensation
A parent receives a one-off payment of £75,000 after their child suffers a moderate birth injury resulting in mobility issues but no cognitive impairment. The money is used to:
Buy a lightweight wheelchair and home stairlift (£8,000)
Pay for private occupational therapy for two years (£6,000)
Fund home adaptations, including a downstairs bedroom (£12,000)
Cover travel costs for regular hospital appointments (£2,000)
Save for future equipment upgrades (£5,000)
Set aside funds for educational support (£7,000)
Use the remainder for ongoing care and family support (£35,000)
Example 3: Mild Injury and Targeted Support
A family receives £25,000 after a birth injury causes mild physical impairment. They use the funds to:
Purchase a specialist buggy and orthopaedic shoes (£1,500)
Pay for private physiotherapy to supplement NHS sessions (£2,000)
Cover travel costs for appointments (£500)
Fund a short course of speech therapy (£1,000)
Save for future needs and emergencies (£5,000)
Use the rest for family wellbeing, including respite breaks (£15,000)
If you’re feeling uncertain about what comes next, you’re not alone. Many parents find the process confusing, especially when the system hasn’t felt supportive. Here’s a practical guide to understanding your compensation and using it to make a real difference.
What Compensation Covers: Beyond Lost Earnings
Compensation after a birth injury isn’t just about lost income. The purpose is to restore, as far as possible, the life your child and family would have had if the negligence hadn’t occurred. This means covering a wide range of needs, including:
Care Needs: Funding for personal care assistants, respite care, and ongoing support at home. This can include help with feeding, bathing, dressing, and mobility.
Therapies: Access to physiotherapy, occupational therapy, speech and language therapy, and psychological support. These therapies are often needed for years, and compensation should reflect the cost of private sessions if NHS provision is limited or delayed.
Equipment: Specialist wheelchairs, communication aids, adapted beds, hoists, and other mobility or sensory equipment. Home adaptations—such as ramps, widened doorways, or wet rooms—may also be covered.
Medical Costs: Private medical treatment, regular assessments, and any future operations or interventions your child may need.
Educational Support: Funding for specialist teaching, learning aids, or private tuition if your child’s needs aren’t met by their school or local authority.
Transport and Travel: Costs for travel to appointments, including accessible vehicles or taxis if public transport isn’t suitable.
Loss of Earnings and Future Potential: If your child is unlikely to work or you’ve had to give up work to care for them, compensation should reflect this loss.
Every penny of special damages must be accounted for, so keep receipts and records of all expenses related to your child’s care and wellbeing.
Why These Complications Matter:
Each complication brings its own challenges, and the impact on your child’s life can be profound. Some injuries are immediately visible, while others only emerge as your child grows. Compensation is designed to address the specific needs arising from these complications, whether physical, cognitive, or emotional.
If you suspect your child’s birth injury was caused by negligent care, it’s important to document symptoms, diagnoses, and all interactions with medical professionals. This will help ensure your claim reflects the true extent of your child’s needs.
How Compensation Is Calculated
Compensation is calculated based on expert evidence, medical reports, and a detailed assessment of your child’s needs—now and in the future. The award may be a lump sum or a combination of lump sum and annual payments (known as periodical payments), especially if your child’s needs are lifelong or uncertain.
Factors considered include:
Severity and type of injury (for example, cerebral palsy, brain damage, or physical impairment)
Life expectancy and future care requirements
The cost of therapies, equipment, and adaptations over time
The impact on your child’s independence and quality of life
If you’re unsure about the breakdown, ask for a clear summary from NHS Resolution or your claims handler. It’s your right to understand exactly what the award is meant to cover.
Immediate Steps After Settlement
Once your claim is settled, take these steps to get started:
Review the Settlement Documents: Read through the award letter and schedule of loss. Make a list of what’s covered and any conditions attached.
Contact Key Professionals: Reach out to your child’s GP, paediatrician, therapists, and social worker. Let them know about the settlement and ask for updated care plans or recommendations.
Prioritise Urgent Needs: If there are therapies, equipment, or adaptations your child needs immediately, start the application or referral process. Don’t wait for someone to prompt you—be proactive.
Accessing Support and Services
Turning compensation into real support can be challenging, especially if you face delays or resistance from local authorities or the NHS. Here’s how to keep momentum:
Request Assessments: Ask your local authority for a social care assessment and your NHS team for therapy referrals. Be specific about what you need and why.
Apply for Equipment and Adaptations: Contact an occupational therapist for a home assessment. If funding is slow, use compensation to bridge the gap, but always push for statutory support first.
Keep Records: Document every application, conversation, and decision. If you’re refused support, ask for the decision in writing and request a review.
Chase Progress: If you’re told there’s a waiting list, ask for the average wait and diarise a follow-up. If paperwork is lost or ignored, send a polite but firm reminder.
Example follow-up email: “Dear [Professional], I am following up on my request for [service/equipment]. It has been [X] weeks since my application. Please confirm the current status and expected timeline. If there are further delays, I would appreciate a written explanation.”
Managing Your Award: Staying Organised and Planning Ahead
Create a folder—physical or digital—where you keep all documents: award letters, care plans, medical reports, receipts, and correspondence. This makes it easy to track what’s been agreed, what’s outstanding, and what you might need to challenge.
Set a date every six months to review your plan. Are therapies working? Is equipment still suitable? Has your child’s school support changed? If you notice gaps, request a reassessment. If you’re refused, ask for the decision in writing and consider appealing.
Budgeting is key. Map out how funds will be used over the coming years, and keep a simple spreadsheet of expenses. If you’re unsure, ask for help from a trusted professional or advocate.
Real-Life Examples: Transforming Lives With Compensation
Families have used compensation to:
Adapt their homes for wheelchair access, making daily life safer and easier
Secure private therapy when NHS waiting lists were months long
Purchase specialist communication devices that allowed their child to express themselves for the first time
Hire personal assistants, giving parents time to rest and siblings more attention
Fund private educational support, helping their child thrive in school
These changes aren’t just practical—they restore dignity, independence, and hope.
Action Plan: Checklist for Spending and Support
List your child’s immediate and future needs
Identify key professionals and contacts
Set deadlines for applications and follow-ups
Organise all documents and receipts
Review your plan every six months
Connect with other parents for advice and support
Celebrate progress and adjust as needed
Final Thoughts
Winning a medical negligence claim after childbirth is only the beginning. Compensation is a tool—one that can transform your child’s life and rebuild your family’s future. Stay organised, keep pushing for the support your child deserves, and trust your instincts. If you ever feel stuck, remember: you’ve already come through the hardest part. Now, you’re building something better, step by step. Your persistence and love are the greatest resources your child will ever have.
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