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Birth Injury and Maternity Negligence Claims

England & WalesLast reviewed 18 September 2026

Birth injury claims cover harm to a baby, or to a mother, caused by substandard care in pregnancy, labour or delivery. Legal aid remains available where negligence caused a severe neurological injury to a baby in the birth period, and a child usually has until three years after their 18th birthday to claim.

What Can Go Wrong

Claims arise from failures such as not monitoring the baby's heartbeat properly, delays in recognising fetal distress or arranging an emergency caesarean, mismanagement of shoulder dystocia, failure to act on maternal infection, and injuries to the mother from perineal tears or delayed treatment of haemorrhage. Consent and information about risks can also be central: the Montgomery case itself arose from a birth where the risk of shoulder dystocia was not discussed.

Legal Aid and Funding

Direct Answer: Legal aid is generally not available for clinical negligence, but an exception applies where negligence during pregnancy, birth or the first eight weeks caused a neurological injury leaving the child severely disabled.

Legal aid is subject to a merits test on the claim and to eligibility rules, so ask a legal aid solicitor whether you qualify. Where legal aid is not available, no win no fee arrangements are common.

Time Limits and Court Approval

Time does not run against a child until they turn 18, when they generally have three years to bring their own claim. A parent or litigation friend can bring the claim earlier, and often does, so that the child's needs can be met sooner. Any settlement on behalf of a child or a person who lacks capacity must be approved by the court, which also decides how the money is held.

Frequently Asked Questions

What is a birth injury claim?

A claim for compensation where substandard care in pregnancy, labour or delivery injured a baby or mother, for example through delays in responding to fetal distress or mistakes during delivery.

Is legal aid available for birth injury claims?

Yes, in limited cases: where negligence during pregnancy, birth or the first eight weeks caused a neurological injury that left the child severely disabled. Other clinical negligence claims are generally not covered.

How long do I have to claim for my child?

A parent can claim at any time while the child is under 18, and the child can claim themselves until three years after their 18th birthday. Limitation may run differently where the parent also has a claim, so take advice early.

Can a mother claim for her own injuries?

Yes. A mother can claim for injuries such as serious perineal tears, delayed treatment of haemorrhage or infection, and psychological harm, subject to the usual three-year limit from injury or knowledge.

Does a settlement for a child need court approval?

Yes. The court must approve any settlement for a child, and considers how damages will be invested or paid to protect the child's interests.

Can I bring a clinical negligence claim on a no win no fee basis?

Usually, if a solicitor thinks the claim has reasonable prospects, because legal aid is not generally available for clinical negligence. Expert reports are a large cost, so many claimants also take out after-the-event insurance. Ask your solicitor how disbursements are covered, and how QOCS protects you from the other side's costs if you lose.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  7. Limitation Act 1980, s.28 (extension for disability)

    Time does not run while a person is a child or lacks capacity to conduct proceedings. For a child's personal injury claim the three years generally starts on their 18th birthday.

  8. LASPO 2012, Sched. 1, Pt 1, para 23 (clinical negligence and severely disabled infants)

    Legal aid remains available for clinical negligence claims only where negligence during pregnancy, birth or the first eight weeks caused a neurological injury leaving the child severely disabled.

  9. Montgomery v Lanarkshire Health Board [2015] UKSC 11

    Doctors must take reasonable care to ensure a patient is aware of any material risks of a recommended treatment and of reasonable alternatives. Consent is judged from the patient's perspective, not by what a responsible body of doctors would disclose (the Bolam test).

  10. NHS Resolution

    Handles clinical negligence claims against NHS trusts in England under the Clinical Negligence Scheme for Trusts.

  11. Ministry of Justice — Personal Injury Discount Rate (England and Wales) · in force from 11 January 2025

    The rate is +0.5% from 11 January 2025, replacing the former -0.25% rate.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.