Yes, you can make a birth injury claim irrespective of where the birth took place. If negligence occurred during a home birth or in a private facility that led to a birth injury, you still have the right to claim compensation.

Making a birth injury compensation claim is most commonly associated with hospitals, but it is not restricted to this environment and can involve other settings, such as in the home and in birth centres.

Birth centres are small maternity units that aim to provide a more 'homely' and less 'clinical' atmosphere, and are sometimes preferred by women who hope to give birth without medical intervention. Typically staffed by midwives, birth centres aim to encourage calmness and help patients feel in control. As with all birthing environments, birth centres are not without risks and there is always the possibility of something going wrong - especially if a medical professional behaves negligently.

To learn more about making a birth trauma compensation claim due to a birth centre's negligence, click here.

In England & Wales, you typically have three years from the date of the negligent treatment or from the date you first realised the treatment may have been negligent to make a birth injury claim. However, when it comes to birth injury claims for children, these time limits don't start until the child turns 18. This means they have until their 21st birthday to make a claim.

Meanwhile, for those who don’t have mental capacity due to a brain injury or another condition, there are no statutory time limts on making a claim.

To find out more, read our helpful guide on time limits to making a medical negligence claim.

If your child has suffered a birth injury as a result of medical negligence, their parent or legal guardian can bring a claim on their behalf by acting as a 'litigation friend'. This is necessary for children under the age of 18, who cannot legally bring a case themselves.

A litigation friend makes decisions about the legal case, and is responsible for instructing the solicitor on behalf of the child, including making decisions about the settlement of the claim. All settlements in child cases must be approved by the court to ensure they are in the best interest of the child.

Once the child reaches the age of 18, they have the right to make a claim themselves if one has not already been made on their behalf and they have mental capacity. They then have three years, until they turn 21, to bring a claim.

In cases where a child has suffered a severe birth injury that impacts their mental capacity, the three-year time limit may not apply. If they do not have the mental capacity to bring a claim themselves once they turn 18, the claim can be made on their behalf at any time, without a time limit.

The NHS Early Notification Scheme is an initiative designed to speed up the reporting and investigation of severe incidents occurring during childbirth. The scheme, introduced in 2017, requires NHS staff to report cases where babies are born with potential severe brain injury within 48 hours of birth.

The scheme is designed to help the NHS learn from these incidents and make changes to prevent similar incidents from happening in the future. The process involves a rapid, thorough investigation of the circumstances of the birth to identify whether any aspects of care could have been managed differently.

It also provides a framework to support families affected by these incidents, and to manage compensation claims more efficiently. Speak to the birth injury lawyers at JMW, and we can advise you on whether the NHS Early Notification Scheme might be able to benefit you.

How much compensation can be claimed for a birth injury will be calculated based on the severity of the injury, the impact on the child’s life, any additional care needs, loss of earnings, and any other expenses incurred as a result of the injury. This can include the cost of specialist carers, therapies, adaptations to the home, and specialist equipment.

As such, patients with the most severe birth injuries - such as lifelong cerebral palsy - may be eligible to claim a larger settlement fee to cover the cost of their lifelong needs. 

Our solicitors can also help you claim compensation to cover the cost of surrogacy as a result of the negligence you have endured.

A 'no win, no fee' agreement, also known as a Conditional Fee Agreement (CFA) means that you are protected from having to pay any legal fees in the event that your case is unsuccessful, as long as you allow us to take out insurance for you with our recommended provider. 

If your case is successful, the majority of your legal fees will be paid by the other side, with only a capped amount paid from your compensation. This will be discussed with you in detail when you decide whether you want us to take on your case.

This type of arrangement reduces the financial risk to you and allows everyone, regardless of their financial situation, to seek justice.

The birth injury compensation claim process is complex, and some  of the cases, such as those involving brain damage, require the extensive gathering of evidence to establish a strong legal basis for the claim. As such, it can sometimes take a few years to reach final settlement of this type of case. 

However, some cases may be able to be settled more quickly than this, depending on the circumstances of the case; in some instances, it may be possible to obtain interim payments to cover a child's immediate needs while the final resolution of the case is still pending. To learn more, get in touch with the specialist birth trauma solicitors at JMW for tailored advice on how long your claim might take.